Nullum Crimen Nulla Poena Sine Lege
Nullum crimen nulla poena sine lege is a Latin phrase which
has direct translation in English language of "No crime, no punishment without law." Is a logical phrase that should anyone not punish in the act which there
was no law that punish or govern that prohibits the acts of the people which
sojourn in the country?
There is no crime if there is no law is the near meaning of
this phrase. There were no countries yet in this planet convicted any single
man which done an act which punished by the governments which has the authority
to commence the investigation after the prohibited acts were committed and
authority has no right to hold the person without valid reason and might just
violated the human rights of the person if in case happened.
Nullum Crimen Nulla Poena Sine Lege Meaning
Nullum crimen nulla poena sine lege means there is no
aggravated or victim, no obligation set by laws, no holds for investigation as
cause of violation due to no law that exist to punish the person.
The questions sometimes if who comes first; is it the law or
crime? The answer in this question should the law, due to the crime was existed
only if there was law that defined the crime that should put the person into
custody to answer the violation.
Law is the first and that is forever position that no one can
get and the second is the crime and the next was the victim and the fourth was
the people of the country due to there is victim-less crime.
If victim-less crime exist, there was already law but there was
no offended party to initiate the complaint but by the law enforcer to punish
the creator of the crime through filling of complaint in the next stage of criminal justice where no one is complains therefore not all complaint was
initiated by the ordinary citizen but by the agent of the person in authority.
Nullum Crimen Nulla Poena Sine Lege Example
This is the nullum crimen nulla poena sine lege example for
clarification purpose for the person who search the information.
Note this is only an example:
Back from the previous age where there was no law that
prohibited the act of rape.
A, B, C and D are men. E, F, G, H, I and J are women. Those
four men rape many times those women. Due to there was no law that punish them
even though the acts were against to the women still those men raped those
women had obligation not in the eyes in the public nor obligation from the
society and same manners or form of obligation.
In this age where there was no crime might the volume of rape
incidents was very high for sure and might the reason of escalation of the human race on the earth.
Maybe, there was no complainant due to there was no authority that handled such
case.
Let us assume that there was no law which punishes the rape
incidents nor slightest mentioned on the criminal code. What happen to the
country if there was no law that protects the woman for rape?
One thing is for sure; the rape incidents is very high and
might cause of commotion on the society. We cannot charge the men those raped
the women due to it is okay to do so; we are free to do so.
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