Primary Law and the primary significance in application

The state has no infinite power to use the authorities and to restrict the fundamental rights and freedoms. Article 13 of the Constitution states that basic rights and freedoms can only be limited by the law, but this limitation can not be contrary to the principle of proportionality. The rule of law is not only a matter of Constitutional Law, but it is influential in many legal fields. The aim of this thesis is to determine the reflections of the temperament principle in the field of criminal law. The principle of proportionality is utilized in the determination and individualization of the penalty. In practice, decisions on the principle of proportionality will be assessed and aspects of the decisions will be determined in accordance with the principles of proportionality, suitability and necessity, which are the subordinate principles of the proportionality principle.