إشكالية الإلغاء الضمني للنصوص الجزائية (على ضوء مبدأي الشرعية و سريان النصوص الجوائية من حيث الزمان)‎

Abstract EN

This study deals with the problem of implicit cancellation of the criminal texts (in light of the principles of legality and effectiveness of the criminal rule in terms time); the study is divided to two sections: first, the general principles of rules pertaining to the implicit cancellation of the criminal texts and in section II: the impact of implicit cancellation rule on legislative and judicial policy.

We show that legislative basis should distance itself from the lack of precision, which is the product of the current understanding of the idea of cancellation as the more apparent idea and determines the scope of their application and how that application takes into account specific norms and standards, The legislative drafting will inevitably cause of the unification of understanding and contribute to the preservation of the rights and positions of individuals, but under the current legal texts, those centers remain in question; especially since the dispute, which introduces the judiciary allows for this last opportunity to deal with the cancellation of the implicit basis in Criminal Law