Challenges of the Knowledge Society (Apr 2011)
SANCTIONS WHICH OCCUR AS A CONSEQUENCE OF NON-COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN THE PENAL TRIAL
Abstract
The legality principle represents a frame principle since its interaction with the other principles exceeds the simple connection with those. The legality represents the frame within and with the compliance with which all the other fundamental principles of the penal trial are realized. No other principle can be placed outside thelegality, in same way in which any principle, no matter how important it may be, does not occur in any other way than according to the forms stipulated by law.Taking into consideration that the enforcement of the law is mandatory in criminal law procedures, as well as the obvious significance of the penal trial’s principle oflegality, it was absolutely necessary for the compliance with this principle to be doubled by numerous guarantees which, in the situations in which this fundamental rule has been violated, would become genuine sanctions referring not only to the procedural acts achieved with the law’s violation, but also to the people who have not complied with the law as far as the procedural penal activities’ unfolding is concerned.