PROHIBITION OF UNCERTAINTY OF THE LAW IN CONTEMPORARY CRIMINAL LAW

Abstract

Legal certainty requirement is the embodiment of the principle of legality and plays an important role in terms of criminal guarantee function, which on its part is of fundamental importance to individuals, so that they could foresee the prohibition and organize their actions. Uncertain norm bears the risk to of unjustified restriction of human freedom and the requirement of certainty is the guarantee to be protected from such restriction. This article aims to clarify the purpose and nature of Lex certa. Lex certa cannot establish requirement for absolutely certain provision, as the norm in its nature is abstract and often characterized by vagueness. Where the dividing line runs between allowed and disallowed uncertainty and how the line should be drawn will be the subject of discussion.