Legalitatea incriminării. Abordarea Curții Europene a Drepturilor Omului// Legality of Criminalization. Approach of the European Court of Human Rights

Abstract

Article 7 para. 1 of the European Convention on Human Rights entitled "no punishment without law" guarantees the principle of legality and the principle of non-retroactivity of criminal law. This study reviews how the European Court of Human Rights has analyzed these principles over the years. The development of the relevant jurisprudence has been based on the autonomous notions of “criminal penalty”, “conviction”, “criminal offence” and “law”.

Keywords

• principle of legality
• no punishment without law
• freedom from retroactive criminal offences and punishment
• criminal offence
• criminal penalty