The Principle of Legality

A. The principle which declares that for any human conduct to be considered as a criminal act, there must be a specific statute or law declaring such conduct as a crime and providing for a penalty.

 

B. Any human conduct, no matter how evil or reprehensible it may be, can not subject the actor to punishment if there is no law punishing the act.

 

C. This is expressed in the maxim “Nullum crimen noella pena sine legi”.  

 

D. This principle is the opposite of “Common Law Crimes”.

1. Common Law Crimes are often called “Court Declared/Created  Crimes”