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''Nulla poena sine lege'' ((ラテン語:no penalty without a law)) is a legal principle, requiring that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. A description and analysis of the principle can be found in (Shahram Dana, Beyond Retroactivity to Realizing Justice: The Principle of Legality in International Criminal Law Sentencing, 99 JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY 857 (2009) ) ==Requirements== In modern European criminal law, e.g. of the Constitutional Court of Germany, the principle of ''nulla poena sine lege'' has been found to consist of four separate requirements: ;''Nulla poena sine praevia lege poenali'' : There is to be no penalty without ''previous'' law. This prohibits ex post facto laws, and the retroactive application of criminal law. ;''Nulla poena sine lege scripta'': There is to be no penalty without ''written'' law. That is, criminal prohibitions must be set out in written legal instruments of general application, normally statutes, adopted in the form required by constitutional law. This excludes customary law as a basis of criminal punishment. ;''Nulla poena sine lege certa'': There is to be no penalty without ''definite'' law. This provides that a penal statute must define the punishable conduct and the penalty with sufficient definiteness to allow citizens to foresee when a specific action would be punishable, and to conduct themselves accordingly. The rule expresses the general principle of legal certainty in matters of criminal law. It is recognised or codified in many national jurisdictions, as well as e.g. by the European Court of Justice as a "general principle of Union law". ;''Nulla poena sine lege stricta'': There is to be no penalty without ''strict'' law. This prohibits the application by analogy of statutory provisions in criminal law. 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「nulla poena sine lege」の詳細全文を読む スポンサード リンク
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