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罪刑法定原则的基本含义是“法无明文规定不为罪,法无明文规定不处罚。”刑法第3条规定了罪刑法定原则:“法律明文规定为犯罪行为的,依照法律定罪处刑;法律没有明文规定为犯罪行为的,不得定罪处刑。”这一规定无疑是从刑法典的高度确立了罪刑法定原则,具有历史进步意义。
The basic meaning of the statutory principle of crime and punishment is that “the law does not expressly provide for no offense, and the law does not explicitly stipulate that no punishment shall be imposed.” Article 3 of the Criminal Law stipulates the principle of legality: “Where the express provisions of the law are criminal acts, criminal convictions and penalties shall be imposed in accordance with law ; The law does not expressly provide criminal acts, may not be convicted and punished. ”This rule undoubtedly established the principle of legality of crimes and penalties from the height of the criminal code, with historical significance.