إلغاء النص الجنائي الموضوعي لعدم الدستورية : الأسباب و الآثار

Abstract EN

When issuing the criminal text, the legislator is bound by a set of constitutional regulations, which aim to ensure that there is no arbitrariness in restricting freedoms and rights, and therefore the legislator’s violation of these regulations will lead to the stigmatization of the law as unconstitutional, which makes it subject to judicial control that may end in its abolishment.

The time effect of this cancellation varies depending on the different direction of the legal system, which is related to effects related to the acts committed during the enforcement of the law that was canceled for unconstitutionality, whether the repealed law established a criminal or permissible situation, the retroactive effect of the cancellation ruling because of the unconstitutionality in the systems that take in this effect, will be reflected in the acts committed, thus affecting criminal responsibility in its broadest sense, whether the crime was committed or its disappearance, as the case may be.