تغير ملامح الركن الشرعي في جرائم الأعمال

الملخص EN

The legal element of crime is expressed in the principle “no crime, no punishment and no security measures except by legal text”.

This principle means that the legislator is the one who monopolizes the powers of criminalization and punishment in society, and prohibits the judge from using a broad interpretation in the penal field and obliges him to follow the rules of narrow interpretation.

Given the characteristics that characterize business criminal law, the policy of criminal law has changed, and the characteristics of penal texts have changed with it, as the legal corner of crime has shifted in its characteristics of the general framework, in relying on the mechanism of legislative delegation in business offenses on the one hand, and on the flexible interpretation mechanism for texts relating to business crime.

And on the basis of the fact that the mechanism of legislative delegation in business offenses and the mechanism for flexible interpretation of the texts of business offenses, which are an exception to the general rules governing criminal law, the problem arises the regulations and limits on the use of these two mechanisms as characteristics that modify the characteristics of the legal element in business offenses?