الرقابة على دستورية النص العقابي

Abstract EN

The punitive text is what determines the legal model for each criminally illegal behavior, so that the behavior is criminally illegal, if it does not conform to the model specified by this text.

the adaptation, which is initially assumed to apply the punishment text, and the punitive text, including the two parts of the assignment and the penalty, often infringes the rights and freedoms, of which the constitution is the greatest protector, and therefore this text must be consistent with the constitution in its provisions.

the exercise of constitutional control over this text includes two parts, in which the punitive text is subject to the general provisions to which all other legal texts are subject, whether they are formal or substantive, and a second part in which this text is subject to special aspects represented mainly in the obligation to respect the general elements of the crime, as well as the adopted criminal policy in the state, and respect for its temporal and spatial framework, all of which are the limits drawn by the constitution in its provisions.