Summary

For the purposes of a contemporary Constitution, the rule of law generally means the exercise of state authority in accordance with the laws based on the Constitution with a view to ensuring human dignity, freedom, justice and legal certainty. The concept of rule of law is not only enshrined in constitutional law but is also protected by the provisions of penal law. The principle of legality is, for example, always expressly stated. Other rule of law principles such as the principle of act and capability of guilt at the time of committing an act are mentioned in specific provisions.

When we look at how these principles are observed in individual provisions of the penal law of countries based on the rule of law, we can see that the legislator is clearly in difficulties. New forms of socially condemned behaviour and changed values as well as a sharp growth of crime and a decrease of legal certainty in the society constantly force the legislator to focus on penal law. In this process, the rule of law principles of penal law easily become a problem. The author analyses adherence to the principles of the rule of law in the light of the renewed German Penal Code.