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In civil law countries, such as continental European countries, does constitutional law usually prevent the country parliament from passing a law that declares a person guilty of a crime and inflicts punishment on the person, which would be called a 'bill of attainder' in United States law?

If yes, how is such a safeguard worded and how does it apply? I tried looking into the Czech bill of rights but couldn't find a specific paragraph which would prevent the parliament from passing such law.

I would be interested in an example of such clause in the constitution of any European civil law country.

Petr Hudeček
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3 Answers3

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Article 103 of the Grundgesetz requires a legal basis for punishments and prohibits ex post facto laws.

Article 101 requires the use of lawfully appointed judges.

Article 19 prohibits laws which restrict constitutionally protected rights for individual cases only.
Any such restriction must be general rather than for individual cases.

A bill of attainder would violate all these.

o.m.
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The Czech constitution incorporates the Charter of Fundamental Rights and Freedoms by reference. Article 40, paragraph 1 says:

Only a court shall decide on guilt and on the penalty for criminal offenses.

phoog
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8

Article 5 of Bulgarian constitution is pretty much explicit in this regard:

(3) Никой не може да бъде осъден за действие или бездействие, което не е било обявено от закона за престъпление към момента на извършването му.

my translation:

(3) No one can be convicted for an action or inaction which was not declared a crime by law at the time it was committed

fraxinus
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