الفراغ التشريعي في القاعدة الجنائية

Abstract EN

The process of drafting criminalization within the framework of criminal legislation is one of the most complicated processes, as these provisions are governed by the principles of criminal legislation and no crime and no punishment without law.

Therefore, the author of these provisions faces many challenges in making such provisions relevant to nowadays developments in science and technology and life and the diversity of crimes accordingly.

Hence, the penal legislator needs to enact new relevant provisions that distinguish the provisions of criminalization from the inertia that may be produced by the principle of criminal legitimacy.

The most prominent tool is leaving a legislative vacuum in the positive criminal base which will possibly give the judge more area of understanding that.