概括
追溯的刑法破坏了法律的可访问性和平等. 对囚犯释放改革的弱质保障有可能违反法治原则,需要重新考虑判例法.
科学领域:
- 刑事法律 刑事法律 刑事法律
- 人权法 人权法 人权法
- 法律哲学 法律哲学
背景情况:
- 追溯的刑事立法可能会导致不公正.
- 刑事法的审查功能可以加剧这些不公正.
- 现有的监狱释放改革保障措施是不够的.
研究的目的:
- 为了识别从追溯的刑事立法中产生的不公正.
- 分析回顾性改革对囚犯释放的影响.
- 评估当前法律保障措施的充分性.
主要方法:
- 对追溯犯罪的法律分析.
- 审查有关处罚及其执行的判例.
- 对"欧洲人权公约"第7条的评估.
主要成果:
- 追溯性立法破坏了法律可访问性和平等.
- 释放囚犯的回顾性改革威胁到类似的价值观.
- 关于"适用的处罚"和"处罚与执行"的判例削弱了保障措施.
结论:
- 目前的判例需要从根本上重新考虑.
- 需要进行改革,以维护法治价值观,并提供实际保障.
- 欧洲人权公约第7条的目的尚未完全实现.
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