8-MARCH-Principles-FINAL-printer-version-1-MARCH-2023

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THE 8 MARCH PRINCIPLES FOR A HUMAN RIGHTS-BASED APPROACH TO CRIMINAL LAW PROSCRIBINGCONDUCT ASSOCIATED WITH SEX, REPRODUCTION, DRUG USE, HIV, HOMELESSNESS AND POVERTYGeneralPART IBasic Principles ofCriminal Law14
THE 8 MARCH PRINCIPLES FOR A HUMAN RIGHTS-BASED APPROACH TO CRIMINAL LAW PROSCRIBINGCONDUCT ASSOCIATED WITH SEX, REPRODUCTION, DRUG USE, HIV, HOMELESSNESS AND POVERTYPRINCIPLE 1 – PRINCIPLE OF LEGALITYNo one may be held criminally liable for any act or omission that did not constitutea criminal offence, under national or international law, at the time when suchconduct occurred. The principle of legality also requires that the law be publicly andsufficiently accessible and the criminal liability foreseeable and capable of beingclearly understood in its application and consequences. Thus, crimes must beclassified and described in precise and unambiguous language that narrowlydefines the punishable offence with a clear definition of the criminalized conduct,establishing its elements and the factors that distinguish it from conduct that is notcriminally proscribed.Criminal law must not proscribe any act or omission in terms that are vague,imprecise, arbitrary or overly broad.Criminal law must not be construed broadly to an accused person’s disadvantage.In the case of ambiguity, the definition of a particular offence should be interpretedin favour of the accused.PRINCIPLE 2 – HARM PRINCIPLECriminal law may only proscribe conduct that inflicts or threatens substantial harmto the fundamental rights and freedoms of others or to certain fundamental publicinterests, namely, national security, public safety, public order, pubic health or publicmorals. Criminal law measures justified on these grounds must be narrowlyconstrued, and the assertion of these grounds by the State must be continuouslyscrutinized.PRINCIPLE 3 – INDIVIDUAL CRIMINAL LIABILITYNo one may be held criminally liable for any act or omission except on the basis oftheir individual criminal liability for such conduct.PRINCIPLE 4 – VOLUNTARY ACT REQUIREMENTNo one may be held liable for a criminal offence unless that person has engaged ina voluntary act or omission as defined in that offence. Criminal liability may not bebased on thoughts, intentions, beliefs or status alone.15
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8-MARCH-Principles-FINAL-printer-version-1-MARCH-2023

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