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Updated: Sep 19, 2025

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Published on: March 23, 2022
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Summary
Retrospective criminal law undermines legal accessibility and equality. Weak safeguards for prisoner release reform risk violating rule-of-law principles, necessitating reconsideration of case law.
Area of Science:
- Criminal Law
- Human Rights Law
- Legal Philosophy
Background:
- Retrospective criminal legislation can lead to injustices.
- The censuring function of criminal law can worsen these injustices.
- Existing safeguards for prisoner release reform are insufficient.
Purpose of the Study:
- To identify injustices arising from retrospective criminal legislation.
- To analyze the impact of retrospective reforms on prisoner release.
- To evaluate the adequacy of current legal safeguards.
Main Methods:
- Legal analysis of retrospective criminalization.
- Examination of case law concerning penalties and their execution.
- Assessment of Article 7 of the European Convention on Human Rights.
Main Results:
- Retrospective legislation undermines legal accessibility and equality.
- Retrospective reforms in prisoner release threaten similar values.
- Case law on 'applicable penalty' and 'penalty vs. execution' weakens safeguards.
Conclusions:
- Current case law requires fundamental reconsideration.
- Reforms are needed to uphold rule-of-law values and provide practical safeguards.
- Article 7 of the European Convention on Human Rights' purpose is not fully realized.
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