• Corpus ID: 35264566

Criminalization as Last Resort (Ultima Ratio)

@inproceedings{Jareborg2005CriminalizationAL,
  title={Criminalization as Last Resort (Ultima Ratio)},
  author={Nils Jareborg},
  year={2005}
}
The idea of criminalization as last resort—ultima ratio regis—is a peculiar one. It is obviously not a constitutional principle. It is rather a principle of legislative ethics, a principle that legislators seem to care little about. Nevertheless, it is evoked in all respectable textbooks and treatises. Related ideas are the subsidiarity of criminal law and the fragmentary character of criminal law. The ultima ratio principle cannot be discussed without some understanding of what sorts of… 

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