حماية القضاء الدستوري للحقوق والحريات في مواجهة النص الجنائي: دراسة مقارنة

Abstract EN

Criminal laws do not seek merely to achieve deterrence, but their aim is to preserve the structure of the group and its cohesion values so as not to break its contract.

Although criminal laws are like other laws in their tendency to control the behavior of individuals in their relationship with their society, and in their relations with each other, criminal laws differ from other laws, as they criminal laws - define the addressees, in a way that cannot be interpreted, without It is permissible to accept or allow it from the manifestations of their behavior from a social point of view, and to control it by logical means, the acceptance of which is possible within the framework of the social necessity that necessitated it.

The prohibited behavior is not criminal, other than an expression of this necessity to which the criminal penalty is linked in its type and amount.

And it becomes a given that a single penalty should not be related to all crimes, nor that a penalty should be applied retroactively, Punishment must be in its severity inconsistent with the controls of moderation, Do not degrade the humanity of a person.

The constitutional judiciary exercises control over criminal texts according the constitutional oversight.