Theory in criminal law.

Question 1

THE MAIN PRINCIPLES THAT SHOULD BE OBSERVED BY LAW MAKERS WHEN DESIGNING CRIMINAL RULES ARE…?

Answer 1

• Fair labelling
• Correspondence
• Maximum certainty
• No retrospective liability.

Question 2

THE PRINCIPLE OF FAIR LABELLING?

Answer 2

Offences should properly describe the conduct to be prohibited. An offence should be adequately distinguished from other offences.

Question 3

THE PRINCIPLE OF CORRESPONDENCE?

Answer 3

Appropriate correspondence between D’s conduct and its consequences and D’s state of mind.

Question 4

THE PRINCIPLE OF MAXIMUM CERTAINTY?

Answer 4

Any person should be able to work out in advance what conduct is or is not criminal, and adjust his or her behaviour accordingly.

Question 5

THE PRINCIPLE OF NO RETROSPECTIVE LIABILITY?

Answer 5

Law makers shouldn’t create and impose criminal liability after the event when, at the time of the event, none was recognised. Judge made law applies retrospectively, at least to the parties in court: R V R.