Introduction to Law Deneme Sınavı Sorusu #724871

Which one of followings about core of modern criminal law is true?


The principle of poverty and harming the common good.

The principle of harm to other.

The principle of minimal intervention: Law should not criminalize too much behaviour.

The principle of maximal intervention.

The principle of minimum certainty.


Yanıt Açıklaması:

The governing principles which lie at the core of modern criminal law are as follows:

• The principle of welfare and upholding thecommon good,

• The principle of prevention of harm toothers,

• The principle of minimal intervention: Lawshould not criminalize too much behaviour,

• The principle of social responsibility: Societyrequires a certain level of cooperation between citizens,

• The principle of proportionate response:The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed,

• The non-retroactivity principle: A personshould not be convicted or punished except in accordance with a previously declared offense,

• The thin-ice principle: Those who skateon thin ice can hardly expect to find a sign denoting the precise spot where they will fall in,

• The principle of maximum certainty: Peopleshould have sufficiently certain and clear warnings about the forbidden conducts,

• The principle of fair labelling: Offensesshould be labelled in a manner to reflect the seriousness of the law violated,

• The principle of strict construction:Ambiguities in criminal law should be construed in favour of the defendant,

• The presumption of innocence: A principleof procedural fairness that the defendant should be presumed innocent until proved guilty.

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