دور السلطة التنفيذية في التجريم و العقاب : دراسة مقارنة

Abstract EN

According to the principle of separation of powers, the legislative authority is responsible of law-making, the judicial authority applies laws, while the primary function of the executive authority is law-enforcement and to implement judicial decisions.

The general rule is that the executive authority has no role in the legislating process, specifically in regards criminalization and penalization, as this role is confined to the legislative authority.

But due to considerations of necessity, on the one hand, and for practical considerations, on the other hand, the legislative authority has been granted a limited role in criminalization and penalization.

As this role is an exceptional one, we may find some constitutional and legislative restrictions, ensures applying it within a reasonable scope, without prejudice to individual rights and freedoms.