الوصف القانوني للسلوك الإجرامي

Abstract EN

The legal description of criminal behavior is in accordance with the principle of criminal legality, which states that "a crime and a penalty shall only be based on a law." This principle requires the legislator to describe the criminal behavior as a precise description of the conditions that must be met in the conduct so that this description takes its role in the field of criminalization, Without this description, criminal legal certainty is not achieved, and its legal importance in criminalization is that it helps to present the vocabulary of crimes in a logical manner.

The person who has a statement of conduct which constitutes a crime and the penalty that the perpetrator is committing is the legislator, through the legal texts that he establishes.

The judge's authority is determined within the limits of the text, since he can not regard a behavior as a crimeÖ Whatever the behavior is contrary to morality or harmful to the interest, and this means that determining the legal description of conduct as a criminal of the task of the legislature, either finding the appropriate description of a certain behavior is the work of the judge, which is expressed by the process of legal adaptation, and through the judge's understanding of the incident presented In front of him, he understood the law in fact and matched one on the Another, and then give the appropriate legal description.