Limits to the expansion of criminal law

An analysis of the principle of legality

Abstract

The article explores the limits of criminal law from the perspective of the principle of legality, addressing its importance as a mechanism for controlling the State's punitive power. Drawing on the work of Cesare Beccaria, it highlights that the principle of legality ensures that only laws, and not judges, can define and sanction criminal conduct, which is fundamental for the protection of individual rights and legal certainty in a rule of law. It also examines the phenomenon of the expansion of criminal law, which has led to increased penal intervention in areas previously managed by other branches of law. This expansion, driven by factors such as globalization, the perception of insecurity, and the influence of the media, has raised concerns about the overburdening of the criminal justice system, the erosion of individual guarantees, and the excessive criminalization of minor conduct. The article concludes that, although criminal law is necessary to maintain social order, it must be used with restraint and as a last resort. It is crucial that any expansion of criminal law be justified and limited in order to preserve legal certainty and fundamental rights, thereby preventing the State's punitive power from becoming an instrument of
social control that could undermine individual freedoms.