Adaptation and legal description of the crime

The principle of criminal legality stipulates the competence of the criminal legislator to establish crimes and penalties in accordance with what is prescribed therein that (there is no crime or punishment except on the basis of a provision), and therefore the judge is prohibited from creating crimes and penalties from himself, as his task is limited to applying the legal text specified by the legislator to the incident before him. This constitutional principle is required by the justifications of another constitutional principle, namely the principle of separation of powers, where each authority is concerned with a specific function determined by its nature and the requirements of the work.  The executive branch is responsible for implementing laws, while the judiciary is responsible for applying laws made by the legislature to the facts and incidents before it. But it is often noted that some jurisprudence confuses the meaning of the legal description, which is the legal determination by the legislator of a particular fact and subjecting it to a specific legal text or model that applies to it, and therefore this text specified by the legislator includes the crime and the penalty specified by the legislator, and the legal adaptation, which is a purely judicial act where the judge works his authority. Discretion to estimate that the incident before him is subject to the appropriate legal text that applies to it, all at the discretion of the judge in accordance with his legal culture, and therefore this depends on his intelligence, intelligence, experience and legal knowledge without his personal knowledge, noting that the judge's personal knowledge does not include knowledge of general matters that all people are supposed to know about.