Criminalization by measure

Authors

  • Omar Arhim Jadou Author

Keywords:

incriminate, Criminalization by analogy, Criminal law, Interpretation of texts, Text ambiguity

Abstract

The process of interpreting penal texts in the criminal law differs from what it is in the rest of the other laws, as the criminal text is subject to an important constitutional and legal rule, which is (the legality of the criminal text). The use of analogy, as it is forbidden to use it in interpreting the penal text, in contrast to the texts that permit the act or prevent criminal liability. It is possible to use analogy, but in certain cases as well, and the prohibition came here because of the seriousness of this subject that leads to restricting the general freedoms of individuals and to making the judge create crimes and penalties that are Exclusively within the competence of the legislative authority, here the importance of studying criminalization by analogy and what is its scope in criminal law emerges

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Published

2023-01-01

Issue

Section

Articles