Constitutional foundations of substantive criminal law

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The relationship between the constitution and the substantive criminal law prevails - in terms of application - the principle of support, and the content of this principle, that the application of one may require reference to the other, as the constitution may refer explicitly to the law in the application of some of its provisions, for example, what is stipulated in Article (54) of the current Egyptian Constitution 2014 ([1]), as well as what is stipulated in Article (58) of the same constitution. The same approach is contained in many articles of the Constitution, and the reference of the Constitution to law may be implicit. Extrapolating from the provisions of the Constitution and the Penal Code, it is clear that there is a closely related relationship between The Constitution and the Criminal Law, when constitutional law defines the form of government and regulates its rules, at the same time determines the article of the criminal law, which comes as a complement to the constitutional law, in order to protect the rules guaranteed by the Constitution, as it stipulates that: "..... The law shall regulate the provisions of pretrial detention, its duration, the reasons therefor, and the cases of entitlement to compensation that the State is obligated to pay for pretrial detention or for the execution of a penalty under which a final judgment has been issued to annul the judgment under which it was executed. Based on the fact that the legality of a medical or scientific experiment is not based on free consent alone, but there are other conditions determined by law, which may be required by the text of the current Egyptian Constitution of 2014 implicitly. Article 60 of the current Egyptian Constitution of 2014 stipulates that: "The human body is inviolable, and assaulting, mutilating or mutilating it is a crime punishable by law. Trafficking in its organs shall be prohibited, and no medical or scientific experiment may be conducted on it without its free and documented consent and in accordance with established principles in the field of medical science, as regulated by law."

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