Punitive Power as a Last Resort (Ultima Ratio) in Historical Aspect

Abstract

The study introduces briefly the historical and comparative aspects of a doctoral research entitled The Position and Last Resort Role of Criminal Responsibility in the System of Legal Responsibility Forms. In order to approach the current concept of the role of punitive power, we have to see what role criminal law has played in social governance, from the beginning of the human communities to the present day. The aim of the exploration, which uses the methodology of textual research in comparative and historical context, is to identify within the evolutionary process of criminal law perception the ideological roots of the need to limit punitive power, respectively the concept of criminal law as last resort. It can be stated that this approach appeared primarily in the form of legal guarantees during the Enlightenment period. However, the need to use criminal law as a final tool has not been fully realised over time, so its necessity has to be emphasised in the legal systems of nowadays.