Seybold Report ISSN: 1533-9211
Amal Sani Muhamedameen
Vol 18, No 5 ( 2023 ) | Licensing: CC 4.0 | Pg no: 93-117 | Published on: 10-05-2023
Abstract
According to the principles of justice and logic, no person may be accused of committing a specific crime, or sentenced to a certain penalty, without being clearly and explicitly stipulated for that crime, nor the punishment prescribed for it, clearly and explicitly in the provisions of the Penal Code, where no act may be criminalized and punished without explicitly stipulating this within the terms and provisions of the Penal Code, which is known as the principle of legality of crimes and penalties, meaning that it must be Criminal acts and the punishment or penalties prescribed for them, along with the precautionary measures that are allocated to some of them as well, to be clearly and explicitly stipulated and specified in the texts of the various penal laws, for a basic and main reason, which is the application of a fixed, well-established and agreed legal and jurisprudential principle, which is that the origin is in permissible things, and the origin is in human innocence, which means that the basis in human life is that all acts are permissible and allowed to be committed, committed and performed. Without punishment for them, and that the origin in human nature is also that man is innocent and not condemned, until some of these behaviors and acts are criminalized under the legal texts and rules enacted and legislated by the competent authority or authorities in each country, and as it deems appropriate to ensure that, at its discretion, it preserves its capabilities and achievements, and protects its security, progress and stability, by preserving its religious, social, economic and even political constants, in accordance with what is known as the rules of public order.
Keywords:
International law. International legislation. The principle of legality of crimes and penalties. International criminal law.