Duty of Courts When Act is Non-punishable or Penalty is Excessive

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1. Under Article5, if a court encounters conduct it believes should be repressed but which is not punishable by law, what …
2. Through which department does Article5 direct the court's report to the Chief Executive?
3. When Article5's second paragraph applies because strict enforcement would impose a clearly excessive penalty, does that…
4. No existing penal provision covers the proven conduct, although the judge considers it morally reprehensible. The prose…
5. A valid penal statute applies, and the court correctly computes its penalty. No other legal ground for reduction or sus…
6. A new harmful practice is proved in court. The parties agree that no penal statute criminalized it when performed and n…
7. After applying all relevant lawful adjustments, a court finds the valid statutory penalty clearly excessive in relation…
8. A court believes proven conduct should be prohibited, but no penal law covered it when committed and no existing offens…
9. A valid statutory penalty is correctly computed but appears clearly excessive considering the degree of malice and the …
10. Compare Article5's two situations: an act considered deserving of repression but not punishable by law, and an act alre…
11. Does Article5 eliminate the judiciary’s duty to consider a properly established constitutional penalty prohibition?
12. Does reporting an excessive penalty to the Executive itself amend the statute?