دور الصياغة المرنة للنصوص الجنائية في مواجهة أزمة الشرعية الجزائية

Abstract EN

The frozen formulation of criminal legal provisions and the negative effects resulting from the strict application of basic principles of the theory of crimination and punishment within the frame of the principle of penal legality and the known crisis it has produced, have required the criminal legislature to use some devices of legislative formulation to overcome such a crisis and the effects consequent from it.

Among such devices is the legislator's use of different forms to fill legislative gaps for imparting a sort of flexibility to the criminal legal provision to confront patterns, forms and means of modern criminal conduct ,Moreover, the effects of flexible formulation are reflected in the legislative and judicial authorities it makes the legislature avoid having recourse to continuous amendment of legal provisions.

It also grants the criminal judge a wide discretionary power in understanding and explaining the legal provision, which makes him overcome the cases of frozen provision or the non adaptation of it to the fact.

AII of that should be within the frame of penal legality principle without creating crime or imposing punishments not included in the legal provision even it is formulated.