KABASINGA N’UNDI
The Supreme Court held that Article 84(4), Article 92 (insofar as it prohibits reduction of sentence for mitigating circumstances), and Article 133(3) of Law No 68/2018 are unconstitutional as they violate the principles of legality, fair trial, and judicial independence by being vague or unduly restricting judicial discretion. Articles 256 and 271 do not violate the Constitution as their limitations on expression and criminalization of counterfeit currency are justified and proportionate to legitimate aims.
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- Nullum crimen sine lege
- Judicial independence
- Fair trial
- Freedom of expression
- Sentencing discretion
- Accessory liability