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The origin of the sentence "Criminal law is not only a Magna Carta for good people, but also a Magna Carta for criminals"

German criminal law scholar von List pointed out that "criminal law is not only a Magna Carta for good people, but also a Magna Carta for criminals."

The first half of the sentence should be that the criminal law "punishes crimes and protects the people" so that the personal and property rights of law-abiding citizens are protected and justice is done.

The second half of the sentence can be understood from the functional aspect of criminal law: criminal law is a kind of authorization and protection law. It not only protects good people, but also protects people who are subject to criminal law. First of all, it can be understood from the perspective of "criminal punishment" "Legal Principles". "There is no crime unless the law is expressly written" and "There is no punishment unless the law is expressly written." The judgment of crime is not based on behavior but on legal provisions, thus protecting individuals from arbitrary punishment imposed by the state. Second, from a legal perspective, criminal suspects must be convicted and sentenced in accordance with the procedures stipulated by law, and cannot be punished arbitrarily.