Punishment According to Law
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This principle holds that a person can only be punished under laws that clearly define an offence and its consequences. It prevents arbitrary or retrospective punishment and ensures that only courts, applying proper legal processes, may determine guilt and impose penalties.
Key Concepts
Punishment must be based on law - only conduct defined as an offence by law can be punished, and only in the manner the law prescribes.
No arbitrary or unofficial punishment - individuals, groups, corporations, and government officials cannot impose penalties outside lawful authority.
Proportionate and just penalties -punishment must fit the crime and be fair in all the circumstances.
Freedom under the law - people are free to act unless the law clearly prohibits something; restrictions must be specific, lawful, and not arbitrary.
Clear, prospective laws - laws defining offences and penalties must be clear, known in advance, and not give officials broad discretionary power.
Courts determine guilt and punishment - only lawful judgment by a court, applying due process, can impose penalties.
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Law is Known and Accessible
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Open and Transparent Laws
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No Retrospective Laws
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