General Principles of Somali Criminal Law Lecturer in criminal law, Somali National University •

•       Somali National University
Faculty of law

•       Prof: Abdullahi Omar (Marshale),

•       Lecturer in criminal law,
Somali National University

•       General Principles of Somali Criminal Law

A. Nullum crimen nulla poena sine lege
(principle of legality)
B. Nullum crimen nulla poena sine actione
(principle of materiality)
C. Nullum crimen nulla poena sine iniuria
(harm principle)
D. Nullum crimen nulla poena sine culpa
(the principle of guilt)

 
Nullum crimen nulla poena sine lege (principle of legality)

•       Formal legality: No act can be considered to be a crime if it did not
constitute a crime according the law in force at the time it was committed

•       Substantial legality: every behavior which proves to be socially dangerous has to regarded as a crime.

•       Nullum crimen nulla poena sine lege
(principle of legality)

Art. 35 Cost, paragraph 13 of PCFRS

No punishment may be inflicted except
by virtue of a law in force at the time
the offence was committed.

•       Nullum crimen nulla poena sine lege
(principle of legality)

Art. 2 CP
No one may be punished
for an act which did not constitute an
offence according to the law in force at
the time it was committed

•      
Nullum crimen nulla poena sine lege (principle of legality)

The reservation of criminal law to
legislation:
1) No unwritten sources
2) No non-legislative sources

•      
Nullum crimen nulla poena sine lege (principle of legality)

— Limiting the arbitrary powers of the
judiciary
— Limiting the arbitrary powers of the
executive
- Exceptions: the power of the Government to
specify the elements of the offence that are
already outlined by legislation.

•      
Nullum crimen nulla poena sine lege (principle of legality)

•       The allowed sources of criminal law:
I) Constitutional legislation
II) Ordinary legislation
III) Delegated legislation
IV) Legislative decrees
V) Government decrees in time of war

•       Nullum crimen nulla poena sine lege
(principle of legality)

Corollaries of the principle of legality:
a) The principle of reservation to the law
b) The principle of the strict interpretation
c) The principle of the non retroactivity of
the criminal law