Struggle in Favour of a Criminal Law as an ‘ultima ratio’. Critical Observations on the Criminalisation Obligations Arising from the Jurisprudence of the European Court of Human Rights in the Light of the Principle of Subsidiarity [PDF]
European Criminal Law Review, 2023 If the use of criminal law requires that legislators carry out empirical tests to establish the inadequacy of other available enforcement systems and the necessity of resorting to the weapon of punishment, how can the Court impose direct criminalisation obligations without resorting to similar tests? The contribution seeks to ascertain whether the case
Marco Edgardo Florio
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Ultima Ratio as a Constitutional Principle [PDF]
Oñati Socio-Legal Series, 2013 The paper argues the criminal law notion of ultima ratio is an instance of a broader constitutional law principle of proportionality. However, ultima ratio is not the only principle relevant in a constitutional assessment of criminalization.
Kaarlo Tuori
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The Principle of “Ultima Ratio” And/Or the Principle of Proportionality [PDF]
Oñati Socio-Legal Series, 2013 The ultima ratio principle is a highly topical subject. The author describes the common grounds and different perspectives of “ultima ratio” on the one hand and/or the principle of proportionality in German criminal and public law on the ...
Rudolf Wendt
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Implementation of the principle treating deprivation of liberty as ultima ratio in the practice of applying criminal law [PDF]
Ius Novum, 2019 The article discusses the issue concerning the implementation of the principle of treating a penalty of deprivation of liberty as ultima ratio in the practice of justice administration.
Melezini, Mirosława
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Ultima Ratio in European Criminal Law [PDF]
Oñati Socio-Legal Series, 2012 The ultima ratio principle is one of the most well known traditional principles of criminal law. The principle has emphasized the repressive nature of the criminal justice system and positioned it as the last resort of the legislator.
Sakari Melander
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Ultima Ratio in European Criminal Law [PDF]
Oñati Socio-Legal Series, 2013 The ultima ratio principle is one of the most well known traditional principles of criminal law. The principle has emphasized the repressive nature of the criminal justice system and positioned it as the last resort of the legislator.
Sakari Melander
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The Role of the Ultima Ratio Principle in the Jurisprudence of the Norwegian Supreme Court [PDF]
Oñati Socio-Legal Series, 2013 The article examines how the ultima ratio principle can be used to analyze and criticize the argumentation of the courts in cases concerning the interpretation of criminal statutes.
Thomas Frøberg
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Ultima Ratio and the Judicial Application of Law [PDF]
Oñati Socio-Legal Series, 2012 The nature of Ultima Ratio as a principle, its relationship to other principles in the criminal law is the first subject of this paper. After discarding approaches that deny any role to the ultima ratio principle like the criminal law of the enemy, the ...
Joxerramon Bengoetxea
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Implementation of the ultima ratio principle in criminalising acts in the criminal code of the Republic of Lithuania [PDF]
, 2017 The issue of validity and expediency of criminalising particular crimes in the Special Part of the Criminal Code of the Republic of Lithuania (defamation (Art. 154 of the CC), misappropriation of a found item (Art. 185 of the CC), unauthorised engagement in economic, commercial, financial or professional activities (Art. 202 of the CC), use of a credit,
Dambrauskienė, Aušra,
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DERECHO PENAL COMO ULTIMA RATIO. HACIA UNA POLÍTICA CRIMINAL RACIONAL [PDF]
Ius et Praxis, 2008 Aun cuando nadie duda que el principio de ultima ratio constituye un límite esencial al poder punitivo del Estado, las dificultades se presentan cuando deben fijarse criterios que brinden un contenido material, sobre todo considerando el basamento ...
Raúl Carnevali Rodríguez
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