Dr E.A.J. Nab (Elco)

Elco Nab is studying the criminalisation of the pre-harm phase and the evolution of the criminal law system from a reactive model (in which criminal law comes into action after the commission of a crime), into a preventive model (in which it tries to intervene before any actual harm has occurred). This development is problematic in light of various traditional and fundamental principles of criminal law, including the principle of legality (in particular the lex certa principle), the requirement that only conduct is criminally punishable (actus reus requirement) and only if that conduct is wrongful (harm principle).