Prohibition of Analogy (Criminal Law)

No punishment without a law.

In criminal law the principle applies that an act can only be punished if its criminal liability was defined by statute before it was committed. Analogies to the detriment of the perpetrator that create or increase criminal liability are prohibited. This protects against arbitrary punishment.

The relevant statutes

Art. 103 GG

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Related terms

Prohibition of Double Jeopardy
Presumption of Innocence

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General explanation for self-help, not legal advice (RDG). Individual cases may differ: if in doubt, contact a consumer advice center or a lawyer.