The legal basis for criminalization and punishment in the Latin and Anglo-Saxon systems (An analytical foundational study).

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Perhaps the importance of the existence of the Penal Code in different countries has been established and confirmed through the principle of legitimacy based on the idea of   no crime or punishment except with a text. And imposing his respect on all powers, but there was an evolution from the narrow concept of the law (legislation) to the broad victim of the law to include all legal rules such as the constitution and international agreements, in addition to the legislation. The necessity of the Penal Code appears through the principle of legitimacy, which rules this law under a fundamental idea, which is "no crime and no punishment except with a text.."It appears that this principle has appeared strongly from the eighteenth century to the twenty -first century, and it is then stipulated in the Universal Declaration of Human Rights, and in the various constitutions of countries, the sources of the Penal Code according to the principle of legitimacy are no longer the same concerned as its beginnings, meaning that it is no longer understood In the same way. As for the countries subject to the Anglo -Saxon regime, the jurisprudence based on the laws of law will prevail. On it in the written laws), it is subject to the judgment of the jurisprudence based on legal precedents, and therefore, therefore, are the strictness and the certainty, which are characterized by written legislation, and the second: the condemned crimes are not subject according to the norms and the custom that is necessarily approved in that system to the principle of reactionary. We point out that moving to the principle of strict legitimacy appeared after the Second World War, where the principle of objective justice was replaced by the principle of strict legitimacy gradually.

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