التأصيل الفلسفي لليقين القانوني الجنائي

Abstract EN

The legislator in the criminal law decides the rules related to criminalization, punishment and the criminal proceedings.

If anyone of the members of society contravened these rules, they would subject themselves to punishment, and then it became a matter of truth that this contravention happened in reality and in practice through comprehending the truth of this contravention and the knowledge that this behavior forms a crime and an intention in the direction of infringing the provisions of this legal The legislator in the criminal law decides the rules related to criminalization, punishment and the criminal proceedings.

If anyone of the members of society contravened these rules, they would subject themselves to punishment, and then it became a matter of truth that this contravention happened in reality and in practice through comprehending the truth of this contravention and the knowledge that this behavior forms a crime and an intention in the direction of infringing the provisions of this legal rule.

Otherwise, it is unjustifiable, no matter what has been said, that we should punish a person who did not realize the nature of his action and who did not, through this action, intend to contravene the provisions of the law, since by so doing the sinful intention is not achieved.

And through this, we can talk about the idea of certainty that should be achieved and owned by these who use the criminal texts in addressing others, who use the provisions that these texts decide.

The criminal legislator cannot guarantee the above-mentioned without working for the realization of this legal certainty, otherwise the criminal law will become incapable of fulfilling the objectives and the purposes that it has to fulfil.

The result is that this law becomes an inanimate tool to inflict punishment on anyone who contravenes its orders, the orders that might a rouse skepticism and suspicion in those who give them, might make them lose confidence about how these orders are successful and sound, might make them feel that the provisions are out of the control of the realistic determiners that impose themselves on the criminal rule.

As are suit we have the right to ask about the origin of the idea of certainty in the criminal law.