Los PRINCIPIOS GENERALES DEL DERECHO: para qué sirven y los más importantes⚖️

General Principles of Law

Overview of General Principles

• The general principles of Law are foundational statements deemed rationally true and ethically just, forming the basis of a State's legal system.

• These principles are universal, applying across all areas of law and society, rather than being confined to specific sectors.

• They represent technical formulas within the legal field, not merely moral reflections. Violating these principles renders a sentence illegitimate.

Functions and Authority

• General principles serve as the ethical foundation for a State's legal framework; all laws must adhere to them.

• They guide interpretation in cases where laws may be ambiguous or insufficiently detailed. Judges can rely on these principles when no specific laws apply.

Common General Principles

Principle of Public Interest

• Laws must serve everyone; they should reflect societal interests rather than those of the State alone. Changes to constitutions must benefit the entire population.

Due Process Rights

• No one should be sentenced without being heard; this principle emphasizes legitimate defense rights in due process, exemplified by historical trials like Nuremberg.

Accountability in Criminal Acts

• Responsibility extends beyond direct perpetrators to those who instigate crimes (intellectual authorship). For instance, both hitmen and their employers can be held accountable for contract killings.

Legal Interpretations and Equality

Legal Freedom

• The principle "what is not prohibited is allowed" indicates that individuals can act freely unless explicitly restricted by law, leading some companies to exploit legal loopholes for tax benefits.

Consent and Victimhood

• Individuals with mental capacity who consent cannot claim victim status regarding deception or aggression; however, minors are protected under this principle regardless of apparent consent due to their inability to fully understand implications.

Equality Before the Law

Legal Burden of Proof in Accusations

The Principle of Burden of Proof

• The principle states that "he who affirms is obliged to prove," meaning the burden lies on the accuser to provide evidence.

• In a hypothetical scenario, if a journalist accuses a State official of embezzlement, it is their responsibility to substantiate this claim with proof.

• The act of making an accusation does not legally bind or commit the accused until evidence is presented.

• This principle emphasizes the importance of evidence in legal proceedings and protects individuals from unfounded claims.