أساليب صياغة النص الإجرائي الجزائي

Abstract EN

Legislative drafting is an important element in the formation of the legal base that brings it into existence.

The success of that base would depend on the accuracy of the wording and the appropriateness of its instruments, so careful consideration should be given to the drafting of legal texts.

In fact, the skill of the legislation and the mastery of the art of making it require the choice of appropriate wording for each legal text so as to be a trade-off between methods of legislative drafting, which differ in the extent of its impact on the core values protected by law.

There is a rigid wording that leaves no room for estimation of the applicability of the legal text to criminal legislation because they strictly restricted it.

There is a flexible wording that allows estimation when applied by the criminal judge.

From what has been mentioned, legal drafting is either rigid or flexible, or to be material, which determines the essence of the text materially materialized in its external appearance or to be moral may resort to the mental work of the legislator to produce the legal text and it is through these methods that the legislator achieves the purpose which is stated in the legal text.