Dreptul penal, fie el substanțial sau procedural, este în mod indispensabil legat de drepturile fundamentale (sau despre principiul legalității și Aristotel)

18 noiembrie 2018
309 citiri

Criminal law, whether substantive or procedural, is indispensably associated with fundamental and human rights. Since the period of the enlightenment, this bond has long been considered as a conquest of Western civilization and is manifest in the first „Bill of Rights”; such as the French Declaration of the Rights of Man, adopted in 1789, and the Fifth and the Sixth Amendments to the United States Constitution adopted in 1791. The roots of this relationship though, go way back into article 39 of the Magna Carta, the law of th 12 tables of the Romans and the ancient Greek laws and teachings. (nota de subsol 9: For example, the famous legal maxim audi alteram partem is attributed to Aristophanes in Wasps 725.27, ‘Thou shall hold no trial, before both parties are heard’ and to Euripides in his speech against Timokrates, 157, from which the maxim was drawn that ‘no one should be judged and punished without being heard’. Also see Aristotle in his Rhetoric, Ch. 1, 1354b, 1355a, where the principle of legality may be founded in his teachings: ‘it is of great moment that well-drawn laws should themselves define all points they possibly can and leave as few as may be to the decision of the judges’.

Alexandros Kargopoulos
(Fundamental rights, national identity and EU criminal law în Research Handbook on EU Criminal Law, ed. Edward Elgar, 2016, la p. 126)

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