Essential Guarantee of Due Process
Principle of Prior Trial in Criminal Law
The principle nulla poena sine juditio, translated as “no penalty without trial,” establishes that any sanction must result from a process in which the defendant’s guarantees are respected: the right to defense, the presumption of innocence, and the right to be judged by an impartial judge.
This ensures that penalties are not imposed extrajudicially or by incompetent authorities, thereby preserving legal security and public trust in the justice system.
In practice, this means that no penalty can be executed without a final judgment, nor can it be applied in a manner different from what the judgment determines. For example, if a person is accused of a crime, there must be a conviction issued by a competent criminal judge, and that sentence must be carried out exactly as established in the judicial decision.
Protective Function of the Principle of Legality
The principle of legality not only protects the accused but also society as a whole. It guarantees that penalties are imposed through regulated and transparent procedures, preventing abuse of power.
It also requires that criminal laws be clear, precise, and pre-existing to the act being judged, avoiding retroactive application of the law to the detriment of the accused. This control of legality reaffirms the validity of the legal order and equality before the law.
Constitutional and Procedural Relevance
The Bolivian legal system reaffirms this principle in several fundamental norms, both in the Constitution and in the Code of Criminal Procedure. These provisions ensure that every conviction arises from a legitimate process, respecting the right to defense and evidence.
The judicial guarantee of nulla poena sine juditio is an essential tool against arbitrariness, since no citizen can be deemed guilty without going through a process that complies with all legal formalities.
In summary, the principle of legality in criminal law is one of the greatest safeguards of Bolivia’s justice system. It protects fundamental rights, preserves the integrity of the criminal process, and ensures that any sanction is imposed only through a legitimate judicial sentence. Without this principle, the State’s punitive power would lose its legal limits, endangering citizens’ freedom and security.
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Frequently Asked Questions (FAQs)
What does the principle of legality in criminal law mean?
It means that no person may be punished without a prior judicial process and a final sentence issued by a competent authority.
Can a sanction be imposed without trial?
No. Every sanction must come from a valid trial and a judicial sentence, in accordance with criminal and procedural law.
Does this principle protect only the accused?
No. It also protects society by ensuring that penalties are imposed within the framework of legality, preventing abuses of power or arbitrary decisions.
What happens if a sanction is executed without a judgment?
It would be null, as it violates the principle of legality and due process rights, potentially leading to liability for the official who ordered it.
Where does this principle apply in Bolivia?
It applies in all criminal proceedings and any judicial action that may result in a sanction. It is recognized in criminal legislation and the Constitution.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
