Nulla poena sine culpa

Nulla poena sine culpa (Latin for "no punishment without fault" or "no punishment without culpability") or the guilt principle is a legal principle requiring that one cannot be punished for something that they are not guilty of. It is recognized as a human right by the Court of Justice of the European Union and all Council of Europe member states.[1] Under this principle, a person can not be punished if he or she is not guilty. Cases of force majeure or necessity are exempted from criminal responsibility. Furthermore, it establishes that no one can be liable for the crimes committed by another person.

Examples where the principle of nulla poena sine culpa is not followed can be found in the Bible. For instance, in the Book of Exodus, Yahweh releases 10 plagues on all of Egypt and punishes all Egyptians over the Pharaoh's crime of disobeying Yahweh's command to allow the Israelites to depart from slavery. Other examples can be found in the Code of Hammurabi, where for instance, "if a man strike a free-born woman" then "if the woman die, his daughter shall be put to death."[2]