سلطة المحكمة في تكييف الواقعة بين مبدأ الملاءمة وقيد المعقولية

Abstract EN

In accordance with the principle of legality of crimes and penalties, the judge shall abide by the provisions of the Penal Code and shall not punish the accused unless it is fully covered by a provision of criminalization, and on the other hand, the accused shall not be acquitted if the fact that he committed falls under the scope of criminalization.

The principle of legality also requires the judge to determine the proper legal adaptation of the case and to build his case on the applicable text of the case, and the judge, when pronouncing the sentence, must indicate the availability of the elements required by the law in the case.

Respect for the principle of legality requires the judge not to ignore the application of the law in any of its texts and in any description of its description.

One of the ways in which the judiciary seeks to achieve its right and to have access to the desired justice is through the conduct of the principle of convenience and its use to give flexibility to the facts before the court in the case, due to its adherence to the principle of in-kind of criminal proceedings and the facts contained in the determination of assignment, The aim is to keep pace with the conditions in which the court is placed, which force it to choose one of two ways to resolve the dispute.

Adherence to the legal norms and principles and to all those who have the right to do so without regard to any subsequent tribal conflicts led by the prevailing norms may lead to the lives of dozens of innocent people and the consequences of the prevailing question of revenge in our Eastern societies.

Or adjudication of the case to ensure that blood is injected because of clan disputes by harnessing the principle of convenience