Criminal Division Home General [edit]
1. Criminal certainly clear is that "words" in the provisions km criminal must be clear wording to avoid making judgments based on a subjective feeling. And the whim of the ruling
2. Do not use the law to close it. (Reasoning by analogy) criminal penalties to persons
3. Criminal penalties do not apply retroactively to the past and a km is used in action km criminal provisions hereinafter set forth. about crime and punishment (Nullum crimen, nulla peona sina lega or No Crime, no punishment Without Law)
4. Criminal be translated or interpreted strictly. Understanding that, if interpreted literally, if the message is not clear, so I consider the intent of the law as misunderstandings. Is correct The interpretation of law must be interpreted in accordance with the letter and spirit of the law simultaneously. You can choose either interpretation alone, before or after. Judicial interpretation of the foregoing, it may be interpreted narrowly or broadly, depending due consideration to the letter and spirit of the law simultaneously. You could say that, but the interpretation of the law is but the only correct interpretation. And that the law must be interpreted strictly prohibited statutory interpretation, it means more than the text. In cases where the gap of law arising from the interpretation is correct. Can not take the law very similar (Analogy) to deploy to punish the offender is
5. The use of local customary criminal penalties to individuals. The provisions of Section 2 uses the word "law" and in accordance with Article 1 of the local tradition is for each district. No definite Unlike the Civil and Commercial Code of the offense [edit] There are 2 types of criminal offense in itself 1. (Latin: mala in se) is an offense that people see clearly the crime. those of the offense because the law prohibits 2. (Latin: mala prohibita) is an offense that caused the law to be guilty. You may not ethical at all. Any mention of the three legal theories. Guilty because the law prohibits the legal age Technical characteristics of the offense [edit] Law is divided into three categories, namely, the nature of the offense committed by the action 1. 2. guilty by restraining the action 3. offense. omissions by force of law, [the] criminal penalties. The main force that is available to the criminal acts of a criminal offense under the laws thereof. Judgment and punishment The court to punish the offender for any weight to the theory that depends on the purpose of punishment, which has two separate categorical theory is the theory of punishment is to return avenge the crime. The punishment would be as the light of the seriousness of the offense. Relations Theory Punishment is useful To social security Punishable acts prohibiting the offender. And the offender to Penalty is necessary to provide the offender is exhorted to fix the offense had occurred and they can return to society as it was more [edit].
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