Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
for "no punishment without fault" or "no punishment without culpability") or the guilt principle is a
legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
principle requiring that one cannot be punished for something that they are not guilty of. It is recognized as a human right by the
Court of Justice of the European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quart ...
and all
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
member states. Under this principle, a person can not be punished if he or she is not
guilty
Guilty or The Guilty may refer to:
* Guilt (emotion), an experience that occurs when a person believes they have violated a moral standard
Law
*Culpability, the degree to which an agent can be held responsible for action or inaction
*Guilt (law) ...
. Cases of
force majeure
In contract law, (from Law French: 'overwhelming force', ) is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such ...
or
necessity
Necessary or necessity may refer to:
* Need
** An action somebody may feel they must do
** An important task or essential thing to do at a particular time or by a particular moment
* Necessary and sufficient condition, in logic, something that is ...
are exempted from criminal responsibility. Furthermore, it establishes that no one can be liable for the crimes committed by another person.
Recognition
''Nulla poena sine culpa'' is recognized in Article 6(2) of the
European Convention for the Protection of Human Rights and Fundamental Freedoms
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by th ...
as a human right.Court of Justice of the European Union /ref>
Germany
According to the
Federal Constitutional Court
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inc ...
of Germany, the principle of ''nulla poena sine culpa'' is established i Article 20 3) an (2) of the
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.
The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
. Those who are unable to see the injustice of their act or to act according to it can not be prosecuted.
In 2009, a
Swiss People's Party
The Swiss People's Party (german: Schweizerische Volkspartei, SVP; rm, Partida populara Svizra, PPS), also known as the Democratic Union of the Centre (french: Union démocratique du centre, UDC; it, Unione Democratica di Centro, UDC), is a nati ...
Burden of proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ...
*
Insanity defense
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the cr ...
*
Human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
*
List of Latin phrases (full)
This article lists direct English translations of common Latin phrases. Some of the phrases are themselves translations of Greek phrases, as Greek rhetoric and literature reached its peak centuries before that of ancient Rome
In modern his ...
**
List of Latin legal terms
A number of Latin terms are used in legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin.
__TOC__
Common law
Civil law
Ecclesiastical law
See also
* B ...
* ''
Nulla poena sine lege
''Nulla poena sine lege'' (Latin for "no penalty without law", Anglicized pronunciation: ) is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in ...
''
*
Presumption of innocence
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present com ...
*
Strict liability (criminal)
In criminal law, strict liability is liability for which (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the ("guilty act") although intention, recklessness or knowledge may be required ...
References
* ''Human Rights in European Criminal Law: New Developments in European Legislation and Case Law after the Lisbon Treaty''. Stefano Ruggeri. 2015.