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development and discussion of criminal law. These principles apply to
all legal liability for offenses.
The generally accepted principle of punishment for a crime is the
principle of legality or legal justification expressed by the famous
formula "nullum crimen, nulla pocn, sine lege" (no penalty without a
law). It means that an offense is recognized only as an act which, prior
to its implementation, was prohibited by a law which came into force
and brought to the public notice.
The proportionality of the crime (guilt) and punishment (penalty)
is an important principle in determining the composition of offenses
and sanctions. This principle was in opposition to the practice of
terrible cruel punishment for all the offenses inherent in the Middle
Ages.
The international covenants prohibit the cruel, inhuman
punishment, degrading dignity inherent in human personality. In
countries that have not abolished executions, death sentences can only
be imposed for the most serious crimes. For persons deprived of their
liberty, a regime must be foreseen, the essential aim of which is to
correct and re-educate them.
Punishments and penalties should not contradict the system of
social values adopted in this society. In addition, they must be agreed
with punishments (penalties) for other offenses. If robbery is punished
equally or even more severely than murder – human life is equated to
property value, and it stimulates the murder of the victim in order to
get rid of the witness. In general, the principle of proportionality
means the need for differentiation and coherence of punishments and
penalties for different degrees of danger and harmfulness of the
offense.
Legal science and practice have developed a number of
provisions defining the general direction of the development of
legislation on the offenses and the responsibility for their commission.
Every prohibition must be perceived by the public justice or at
least not contrary to it; if such a contradiction exists, and the ban is
publicly needed, its establishment should be preceded by extensive
explanatory work or it will have to be subject to very strict sanctions.
The acts can be only prohibited if they can be proven by means
of legal proceedings and terminated by coercive measures. Otherwise,
the prohibition will be violated with impunity, which will lead to the
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