Role Of Lawyer Under Principle Of Punishment To Prescribed Crimes

The basic meaning of the Principle of Legally Prescribed Punishment is "nullum crimen sine lege ;nulla poena sine lege.'The principle of the Principle of Legally Prescribed Punishment was evolved during the process when bourgeois fought against the crimes and punishments were established at random in the feudal period,which can be dated beck to British Magna Charta of 1215.This principle was established in the Fifth Amendment of Constitution of United States in 1787 and the Human Rights Proclamation of France in 1789.The theoretical base of the Principle of Legally Prescribed Punishment is the natural law theories by the contemporary enlightening ideologist and Psychological Compulsion Theory by Feuerbach, The Principle of Legally Prescribed Punishment has different contents in value in different periods. The absolute Principle of Legally Prescribed Punishment bases itself on individual value and stresses individual rights and freedom, demanding limitation on legislation power and judiciary power.The comparative Principle of Legally Prescribed Punishment,while respecting individual rights,also stresses social protection,while respecting individual right,also stresses social protection,basing itself on the social interest and representing both protection on human rights an social interest.The basic contents of the Principle of Legally Prescribed Punishment means that names of crimes and their punishment should be stipulated in advance.This principle includes the notions that crimes and punishment should be stipulated bu law,and the crime punishment legislation after certain accident happening and analogy should be prohibited, and absolute uncertain penalty should be prohibited.Instead,penalty laws should be clear and fair.The above principle depends on the judiciary independence and realized by criminal judicatory.The core values of the Principle of Punishment to Prescribed Crimes, including protection of the individual rights and freedom from infringements, restraints to legislation authorities and judicial authorities, safeguard of human rights and maintenance of social order, urgently calls for engagement of lawyers. Lawyer is an important branch of legal careers.For the implementation of Principle of Punishment to Prescribed Crimes ,it is significant to fully exert the function of lawyer, especially the social function of lawyer.What is lawyer? Lawyer is not angel or devil, does not represent justice or evilness. Nevertheless, the justice is realized and reflected through the overall process when the lawyer participated in the judicial procedures so as to defend for innocence, less serious crime, reduction or exemption of punishments. The role of lawyer is essential requisite and may not be substituted for the judicial system. The discrimination or prejudice to lawyer, the weakening or limitation to the role of lawyer may seems to injure the lawyer, but virtually brings damage to the national legal system development.The Principle of Punishment to Prescribed Crimes constitutes the fundamental basis of criminal law and the Principle of Punishment to Prescribed Crimes is rooted in democracy. Without democracy, the spirit of freedom in connection with Principle of Punishment to Prescribed Crimes or value of order will not exist, or not mention to realize them. Whether the role of lawyers, as professionals in defending, have been brought into full play is effective criterion for judging the results of implementation of Principle of Punishment to Prescribed Crimes as well as the developments of the social democracy and social system of one state. To some extent, the non-existence lawyer will lead to non-democracy; non-democracy will lead to non-existence rule of law; non-existence rule of law will lead to non-existence of Principle of Punishment to Prescribed Crimes.