جدلية شرعية العقوبات : بين الدستور و القانون

الملخص EN

The meaning of legitimacy, legitimacy and legality in both legislation and criminal law is one and the same.

It is that any act is not considered a crime unless the law provides for it and no penalty may be imposed by law.

And the legitimacy of the penalty means that it is based on a law that it determines.

Just as it is not a crime except on the basis of a provision in the law that confers on the act the character of illegality, it is not permissible to impose a penalty unless it is prescribed a certain amount and amount by a legal text as an effect of committing the crime.

Has constitutional value in most States.

In this context, the Penal Code and the Code of Criminal Procedure are neither an instrument of oppression nor of control, but a tool for the protection of rights and freedoms as well as for the public interest.

On the other hand, the Constitution protects rights and liberties.

The legislator follows them to provide adequate guarantees for such protection.

Protection and preservation.

Since the most serious threat to rights and freedoms appears in the criminal articles, and in order to provide a clearly expressed picture, we will devise this research to study the constitutional criminal law to clarify the constitutional protection of rights and freedoms in both criminalization and punishment and criminal proceedings, which are a whole new branch of law , The constitutional criminal law.

The aim of this section is to consolidate the constitutional rules of criminal law in a manner that clarifies the balance between rights, freedoms and the public interest in the light of the criterion of proportionality between means and ends