Evolution and applicability of the principle of criminal legality in Europe

URL: https://dspace.academy.police.md/evolution-and-applicability-of-the-principle-of-criminal-legality-in-europe/

Data: 2025

The principle of legality is at the origin of the rule of law. Starting from the latin maxims “nullum crimen sine lege” and “nulla poena sine lege” enshrined in international criminal doctrine, which define the legality of the criminalization of offences and the legality of penalties in criminal law, we are today witnessing a decline of the principle of legality at national level. In this regard, this paper will address the criminal legality in the European area, from the perspective of both European Union Member States and Non-European Union countries, since this aspect will give a necessary dose of clarity to the principle of criminal legality, elucidating the errors of criminalization in national criminal law, allowing to highlight the Soviet nihilism present in the jurisprudence of the Republic of Moldova.