دور المراكز غير الجنائية في التجريم و العقاب

Abstract EN

In its general sense, the Penal Code includes a set of acts: (positive or negative), which the legislator considers offenses according to the legislative model of criminalization and punishment.

That model includes in some cases criminal protection of non-criminal legal centers which originally belong to legal rules of other branches of law, such as civil, commercial, administrative, constitutional or international law, etc.

At the same time, crime is often considered illegal according to another non-criminal law and the opposite is not true, because the legislator does not resort to the use of the criminal tool: (criminalization and punishment).

The legislator resorts to the tool only when he finds, according to the standards of his criminal policy it necessary to protect the interests which he considers essential for the survival and stability of a society.

Hence, the link between the rules of criminalization and punishment and other rules of law seems natural.

This has very important consequences stemming from the subjectivity of each branch of law and its specific objectives, because this function and those goals that require its existence.

Self-incrimination and punishment are incompatible with the statement of their independence or subordination to other branches of law.

Subjectivity derives from the nature of the role that each branch of law plays within the legal system as a whole in States to regulate life in society.

Therefore, the basis and foundation of subjectivity is the nature and importance of the interests protected by the Penal Code, as well as the means and purpose of protecting them.

This obviously differs from one law to another as it gives it a subjectivity of a certain type in relation to other branches of law within the legal system.

As much as the legislator recognizes the interests, there are many legal rules - and vice versa.

Every legal rule protects only one interest.

Therefore, the rules of criminalization and punishment do not share the protection of common interests with other branches of law, but protect (the joint centers) vary in its meaning as it is explained - as far as possible - within the scope of this study.

It emits different interests, and therefore there is no possibility to imagine the existence of the problem of the duplication of the criminally protected legal protection for each criminalization and punishment rule.

This has its significance and legal effects in various aspects, which was represented in the sections of this study