CONSIDERATIONS ON THE PRINCIPLE OF LEGALITY OF CRIMINALISATION

Abstract

Although the new Criminal Code made a series of amendments to the criminal legislation, the regulation of the principle of legality of criminalisation has not been significantly changed, but only from the point of view of the structure of governing rules. Thus, while the previous Criminal Code regulated through a single provision both the legality of criminalisation and the legality of criminal penalties, the new Criminal Code has split the content of the principle of legality of criminalisation and criminal penalties into two principles - the legality of criminalisation and the legality of criminal penalties, by allocating them two separate articles in Chapter I of Title I of the General Part. In this article, we aim to examine the theoretical side of the substance of the principle of legality of criminalisation and to analyse some of the most important legal issues concerning the application of this principle in the case-law.

Keywords

• Legality
• legality of criminalisation
• foreseeability of criminal law
• retrospective effect of criminal law
• continuing effect
• application of the more favourable criminal law