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Answer, briefly and using your own words, the following ten premises . The principle of legality represents one of the main protections recognized in the
Answer, briefly and using your own words, the following ten premises .
- The principle of legality represents one of the main protections recognized in the criminal justice system. For example, this protection guarantees that no person may be criminally prosecuted unless such conduct is defined as a crime by law before the prohibited act has been committed.
It describes the authority, if any, a prosecutor, judge, or jury has to create a new crime or amend an existing crime, based on the separation of powers doctrine we discussed in the first module. - The government has recognized an emergency declaration for gender violence. What would happen if an attempt was made to change the law to increase the penalty for this crime and it became applicable retroactively?
- You have been hired as an adviser in the Legislative Assembly. On your first day at work, your supervisor asks you the following question: "Is it recognized in our justice system to create a crime with temporary validity? We want to change the law so that the penalty is higher when liquefied gas is illegally appropriated during hurricane season." He explains, in your own words, whether the proposal to increase the sentence for a limited period of time is viable, in line with the content of article 5 of the Penal Code.
- You have been appointed as the superior judge of the judicial region where you reside. The first case that your supervisor assigns you corresponds to an inmate who alleges that he was convicted of a crime that was repealed by the Legislative Assembly and that they have kept him illegally deprived of his liberty. According to section 13 of article II of the Constitution, what should be your decision if the statement made by that citizen is true? Explain your answer.
- The judicial sentence corresponds to the official certification provided by the State to establish the penalty applicable to a person convicted of committing a crime. This means that the penalty or security measure will only be imposed by court ruling. Identify the principle studied in this module that corresponds to this definition.
- The general rule is that criminal law only applies to punish crimes committed or attempted within the jurisdiction. According to the content of article 3 of the Penal Code, when does the exception to this rule apply to criminally prosecute a public official?
- The principle of criminal responsibility establishes the requirements to punish a person for violating a criminal law. Use article 8 of the Penal Code to discuss this principle in your own words.
- Law 65-2020 established " grooming " as a crime, a practice used to induce a minor to engage in sexual conduct. Identify the principle that would have prevented prosecution of a person for this crime before this law was passed. What would have happened if the State had prosecuted it before it had become law?
- The Criminal Code establishes that criminal responsibility is personal. Therefore, only the person who engages in the prohibited conduct may be penalized. Pursuant to Article 7, how is a causal relationship established to hold a particular person responsible for committing a crime?
- If the Legislative Assembly decided to approve a law to reduce the penalty for committing the crime of possession of controlled substances with retroactive application under the argument that what the person really needs is treatment, what effect would this have on a person sentenced for the same crime that is imprisoned serving sentence? What would happen if it is not established that it will apply retroactively?
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