It is recognized as a human right by the Court of Justice of the European Union and all Council of Europe member states.
Cases of force majeure or necessity are exempted from criminal responsibility.
Nulla poena sine culpa is recognized in Article 6(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms as a human right.
[1] According to the Federal Constitutional Court of Germany, the principle of nulla poena sine culpa is established in Article 20 (3) and Article 103 (2) of the Basic Law for the Federal Republic of Germany.
In 2009, a Swiss People's Party parliamentarian introduced a resolution to abolish the principle.