دور العرف والقياس في التكييف القانوني للوقائع الإجرامية - دراسة تأصيلية تحليلية -

Abstract

That the process of legal adaptation means the practical application of criminal texts to the acts of individuals if it is a criminal or permissible, and this issue is not that simple, but requires an intellectual effort and means and certain elements to determine whether the behavior is in the circle of criminalization or still in the field of permissibility, Although codified texts are the primary source of judgment on these important issues (criminalization, punishment or permissibility) in accordance with the principle of penal legality, the sources of other provisions (custom and measurement), which we know, have a role to play alongside the written text, Her in building a naughty criminal base (Criminalization) and the penalty imposed on the violation of the assignment, which is (punishment) and does not contradict with the principle of legitimacy and the need to limit the issue of criminalization and punishment in the text is codified, and this will be the focus of our research as we highlight the role of custom and measurement in the process of adaptation Of the crimes.