Law · International Law
Country 'X' ratified an international convention that requires state parties to criminalize bribery, but the convention leaves the specific definition and penalty to domestic legislations. Country 'X' has failed to enact any domestic enabling law. Under these facts, can a domestic criminal court punish a citizen for bribery using only the text of the convention?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1No, criminal punishment requires a specific legally defined offence and penalty, which is absent here irrespective of whether Country 'X' is monist or dualist.✓
- 2No, but only if Country 'X' is a dualist State.
- 3Yes, if Country 'X' is a dualist State, because treaties override domestic criminal silence.
- 4Yes, if Country 'X' is a monist State, because international conventions are automatically part of domestic law.
Correct answer
No, criminal punishment requires a specific legally defined offence and penalty, which is absent here irrespective of whether Country 'X' is monist or dualist.
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