Special limitation of the criminal liability. The valences of the practical application of art. 124 of the penal code

摘要

"All beings, writes Paul Fauconnet, are virtually able to become responsible. Responsibility of a subject does not follow from properties that would be inherent to it, but from the situation he is in" and the exercise of freedom in a state subject to the rule of law, can exist only in the context of its restriction based on the compliance of the conformity report by the individual who is respected the procedural rights and freedoms within a fair trial marked by the purpose of his holding of liability if he is proved to be guilty of the criminal offence for which he was tried, otherwise not being justified the initiation of the criminal proceedings which marks the beginning of the constraint report between the state and the individual as a result of the breach of the rule of law. [1]