عولمة نصوص التجريم : الواقع و التحديات

Abstract EN

Legislative globalization in general, and globalization of crime in particular, became an unavoidable reality, influencing the criminal legal texts, by introducing in it external factors, causing a change in its structure, and triggering its renewal, which affected its typical composition, and hence necessitating a reconsideration of the general legislative system and revision of its characteristics and its enforcement methods.

Consequently, the globalization of crime caused a kind of deadlock within the criminalization legal texts, subject to development of the legislative system, coordination of the international efforts and harmonizing between them to combat the transnational organized crime.

While the exemplary depiction of the globalization of crime could not escape from engendering traumatic impacts on the legislative construction of the criminalization rule, since we can say that globalization imposed an unusual reality on criminalization policy, affecting directly the foundations of this latter, by targeting and limiting the powers of the legislative authority, it also affected the legislative consistency as a material component ensuring the principle of legal security within the criminal rule, It reduced the efficiency of this latter by making its enactment and formulation subject to a national commitment of legislative harmonization with regard to the international legislative obligations.