Administrative Wrongs and Sentencing from the Perspective of the principles of „nullum crimen sine lege“, „nemo tenetur se ipsum accusare“ and of the principle of legitimate expectations

Abstract

The study focuses on the current issues relating to the topic administrative sentencing by looking into the definition of this term (via the categories of administrative wrongs) as set forth by the Slovak Judicial Administrative Proceedings Code. At the same time, the author focuses on the a) principle nullum crimen sine lege / nullum crimen sine lege certa (especially from the perspective of a general clause being the very foundation of the administrative sentencing), b) the relation between the rules of precedents and between the individualization of the sentences (for administrative wrongs) and c) the principle of nemo tenetur se ipsum accusare (from the perspective of administrative sentencing). In the final part of the study, the author presents his views on the fact whether the criminal law principles set forth by the Criminal Code and the Criminal Procedure Code are the only ones to be applied in the case of punishing legal entities or shall – in additon to the above Codes – a special piece of legislation – the Act on the Criminal Liability of Legal Entities applied as well.This work was supported by the Slovak Research and Development Agency under the contract No. APVV-16-0521.