| 翻訳と辞書 |
| ex post facto law ： ウィキペディア英語版 |
ex post facto law
An ''ex post facto'' law (Latin for "from after the action" or "after the facts") is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ''ex post facto'' law commonly called an ''amnesty law'' may decriminalize certain acts. A pardon has a similar effect, in a specific case instead of a class of cases. Other legal changes may alleviate possible punishments (for example by replacing the death sentence with lifelong imprisonment) retroactively. Such legal changes are also known by the Latin term ''in mitius''.
A law may have an ''ex post facto'' effect without being technically ''ex post facto''. For example, when a previous law is repealed or otherwise nullified, it is no longer applicable to situations to which it previously was, even if such situations arose before the law was voided. The principle of prohibiting the continued application of such laws is called ''nullum crimen, nulla poena sine praevia lege poenali'', especially in European Continental systems. This is related to the ''principle of legality''.
Some common-law jurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred before the judicial decision. ''Ex post facto'' laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws). In some nations that follow the Westminster system of government, such as the United Kingdom, ''ex post facto'' laws are technically possible, because the doctrine of parliamentary supremacy allows Parliament to pass any law it wishes. In a nation with an entrenched bill of rights or a written constitution, ''ex post facto'' legislation may be prohibited.
==''Ex post facto'' laws by country==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「ex post facto law」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|