The authority of the national criminal judge in interpreting legal texts

الملخص EN

In light of the development of crime and its transformation as a result of criminal globalization from a national and regional dimension to an international dimension that threatens the security of the entire international community, taking advantage of technological development and modern technology, which has become its preferred means of committing the most serious crimes to reach the extent of trafficking in persons, children, women, organs, weapons, money laundering, international terrorism...

the need for comprehensive organization and international cooperation to confront these international crimes emerged, especially with the inability of states alone to combat them, which necessitated the conclusion of international treaties and conventions, which took a place within national legislation after their incorporation to become a direct source alongside national criminal legislation, but these international agreements were not the creation of the national legislator, who merely incorporated them without concluding or negotiating them, which led to issues in terms of their application by the criminal judge who has the authority to interpret penal texts related to national criminal legislation linked to the principle of criminal legality and individual rights and freedoms in accordance with a set of constraints.

this is in contrast to the negative role of the same judge in the field of interpretation of international treaties whose texts contain general and broad provisions that are subject to several interpretations, despite the urgent need to interpret these treaties, given the ambiguity and vagueness of some of them when translated into Arabic, which requires their interpretation.

the task of interpreting treaties is given to the entity that contributed to the conclusion of international agreements.