Liberal Construction of the Composition of the Criminal Act and the Maxim Nullum Crimen Sine Lege: the Intersection and the Solution

Abstract

The article analyzes compatibility between the liberal construction of the composition of the criminal act and the maxim nullum crimen sine lege. The article reveals the historical evolution and the development of the maxim nullum crimen sine lege which has affected the formation of the current concept, the content of nullum crimen sine lege certa and nullum crimen sine lege stricta (two elements of the maxim which have the main role for the topic), as well as the concept of the liberal construction of the composition of the criminal act. Finally, conclusions are drawn defining the cases when the liberal constructions of the composition of the criminal act may be legally used in Criminal Law.

DOI: http://dx.doi.org/10.5755/j01.ss.76.2.1962