chapter  I
56 Pages

Repressive Criminal Legislation

Criminal law is coercive by definition. It prescribes punishment for conduct deemed worthy of sanction, and the system of criminal justice in which it applies vests the state with the power to establish criminal liability and enforce such sanctions. Legal systems frequently stipulate a series of safeguards to limit the inherent scope for abuse, and these concern both the conditions under which sanctions can be imposed as well as the administrative and in particular judicial control of their use.