Terms and conditions for issuing special criminal laws

Authors

  • Suleiman Karim Mahmoud Author
  • Hauraman Jalal Ahmad Author

Keywords:

Controls Final conditions Legal certainty Legislative drafting Proportionality and balance in criminal law Special criminal laws Technical conditions the conditions

Abstract

Laws in general, and criminal laws in particular, are not issued arbitrarily without benefit or usefulness. In order to achieve this, the legislator must take into account the availability of certain conditions when promulgating special criminal laws, whether those conditions were general conditions, whether formal or substantive, or those conditions were special conditions, final or technical. It also requires the legislator to take into account the necessity of his commitment when issuing criminal laws for specific controls, whether those controls are material or moral, so that the breach of any of these conditions or controls will inevitably affect the legal value of special criminal laws and will negatively affect their strength and ability to achieve their goals and the purposes for which it was issued.

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Published

2022-01-01

Issue

Section

Articles