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Nullum Crimen, Nulla Poena Sine Lege in Korean Criminal Law

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Authors
Cho, Kuk
Issue Date
2006
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.6 No.1, pp. 147-161
Keywords
nullum crimennulla poena sine legelex certalex praevialex strictalex scriptaappropriatenessproportionality
Abstract
The principle of nullum crimen, nulla poena sine lege is the most important principle of Korean criminal law. It is commonly understood as being composed of four sub-principles: lex certa, lex praevia, lex stricta and lex scripta. It was given lip service under the authoritarian regimes, but the military rulers never felt restricted by those in exercising the state power. After democratization, however, this principle has been actively pursued. Many legal scholars and civic organizations have argued that the task of criminal law is to protect citizens from the abuse of state authority as well as to fight against crimes. The legitimacy of a number of criminal law provisions in violation of this principle has been challenged in academic circles and in the courts. The principle of nullum crimen, nulla poena sine lege will play a crucial role in controlling and deterring the abuse of state authority in Korean society and freeing the criminal law from the legislation of moral norms.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/85108
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 06 Number 1/2 (2006)
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