The legality of criminal incrimination in ECtHR jurisprudence

URL: https://dspace.academy.police.md/the-legality-of-criminal-incrimination-in-ecthr-jurisprudence/

Data: 2024

Legality is the basic pillar of the construction of modern constitutional states. In this context we have set out to address this subject in the present research. At the moment, the legal framework is at a standstill in terms of accessibility and predictability of criminal rules. This is a serious violation of fundamental human rights and the case law of the ECtHR highlights this with convictions based on infringement the provisions of Article 7 of the European Convention on Human Rights entitled „No punishment without law”. The legality of criminal incrimination will be highlighted in the context of the ECtHR case law, in order to exclude an extensive unfavourable interpretation of the criminal law and a faulty classification of criminal acts by the law enforcement bodies of the convicted State. The subject of the research highlights the problems encountered in the legislation in the area of criminalisation of the criminal act and determines the topicality of this subject, arousing a greater scientific interest.