THE EXTENT OF INTERVENTION BY THE CRIMINAL JUDGE WITHIN THE SCOPE OF APPLYING THE PRINCIPLE OF LEGITIMACY OF CRIMES AND PENALTIES
Main Article Content
Abstract
Law is a set of rules characterized by generality and abstraction, binding upon those addressed by it. It organizes society, legislated by lawmaker and interpreted by judge.
Given the severity of criminal law rules, which include punitive measures up to imprisonment, it is necessary to establish limits on judicial intervention under what is known as the principle of legality of crimes and punishments.
This study aims to highlight these limits.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Al-Kahwaji, Ali Abdul Kader, Explanation of the Penal Code - General Section: A Comparative Study, Beirut, Aleppo Legal Publications, 2001.
Bousqia, Ahsan, Concise Overview of General Criminal Law, Vol. 01, 10th Edition, Algeria, Dar Huma, 2010.
Husni, Mahmoud Naguib, Explanation of the Penal Code - General Section - General Theory of Crime, Cairo: Dar Al-Nahda Al-Arabiya, 1962.
Ibrahim, Akram Nashat, Criminal Policy (A Comparative Study), 1st ed., Amman, Dar Al-Thaqafa for Publishing and Distribution, 2008.
Sorour, Ahmed Fathi, Constitutional Criminal Law - Constitutional Legitimacy in Penal Law - Constitutional Legitimacy in Criminal Procedure Law, 2nd edition, Dar Al-Shorouk, Cairo, 2002.
Second: Legal Texts
Presidential Decree No. 20-442 dated December 30, 2020, concerning the issuance of constitutional amendments, approved in the referendum of November 2020, published in the Official Gazette of the People's Democratic Republic of Algeria, Issue No. 82, dated December 30, 2020.
Order No. 66-156 dated June 8, 1966, containing the Penal Code, as amended and supplemented, published in the Official Gazette of the People's Democratic Republic of Algeria, Issue No. 49, dated June 9, 1966.
Third: Scientific articles
Professor Athamnia Lakhamissi, Interpretation in Criminal Law and Its Impact on Legislative Movement, Judicial Ijtihad Journal, Volume 01, Issue 01, 2004, pp. 43-64.
Dr. Bouhjar, Hossam, Interpretation of Objective Criminal Texts, Judicial Dedication Magazine, Volume 14, Issue 30, 2022, pp. 267-280.
Fourth: Websites
The link : http://www.laweg.net/Default.aspx?action=LawEg&Type=16&JID=64858