Nulla poena sine lege
No penalty without law.
Nulla poena sine lege is the fundamental legal principle that no one may be punished for an act that was not defined by law as a criminal offence at the time of its commission.
This principle, also known as the principle of legality, constitutes a cornerstone of criminal law in the Netherlands and other states governed by the rule of law. It prohibits both the retroactive criminalisation of conduct and the imposition of penalties in the absence of a clear statutory basis established in advance.
It safeguards individuals against arbitrary exercise of state power and ensures that only the legislature may define criminal offences. In practice, this requires courts and the Public Prosecution Service to adhere strictly to the wording of the law.
In the Netherlands, the principle is enshrined in Article 1 of the Criminal Code and enjoys constitutional and treaty status under the ECHR.
“The defense counsel successfully raised the nulla poena sine lege defense, as the conduct had not yet been made punishable at the time the acts were committed.”
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