مبدأ الشرعية الجنائية بين الفقه و القانون

Abstract EN

The research discussed the concept of criminal legitimacy in jurisprudence and Law, the researcher aimed at reaching a number of goals, including: Enriching the field of the Criminal Investigation through a comparative study which highlights the advantages of Islamic legislation, letting people know about their rights which are guaranteed by Criminal legislation and charters before Law.

The researcher addressed the vocabulary of such issue as per the following description: First: he depicted the criminal legitimacy through which the principle could be achieved, that is, legal wording of the provisions should be clear and its terms should be limited in order to prevent wrong construction and expansion in the interpretation, because the criminal provision should be limit in construction.

B- The expansion of the definition and deployment of laws, so that people can adapt their behavior according to them.

C- Legitimacy and validity of procedures, including inspection, arrest and reserve detention procedures, and to be in its proper place and don't exceed the legal limits.Secondly: the Famous criminal Rule (No crime nor Punishment without a provision) needs that the process of criminalization and punishment must subject to it, so that no person shall be criminalized without a certain and valid Law, nor criminalizing the past acts with subsequent laws, especially in the public right violations, save as what were excepted, such as cases of serious and major crimes.

Also, the process of criminalization and punishment shall be subject to the provisions of the constitution which is deemed the dominant in the event of a conflict occurrence.

Third: The researcher addressed also the matter of the validity of the Criminal text with retroactive effect if it is in the interest of the accused and improves his position.

Fourth: The researcher handled the matter of the produced evidence in lawsuit if it was made by illegal means, does it annul and invalidate its effect? The researcher favored to act as per it and listed many justifications of which.

Also, the research handled the attitude of Islamic legislation on this issue and the disintegration of the forbidden description off the origin of thing.

The researcher concluded many outcomes, among of which are: the produced evidence in lawsuit if it was conducted by illegal means, it will not be against the criminal legitimacy if worked upon witch, and the retroactivity of the fittest text for the accused person does not contradict with the principle of legality.