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Introduction to criminal law: Criminal law principles, functions

About the most important principles of criminal law and the functions of criminal law and its role in society and in accordance with the principles of the rule of law.

  • criminal law Basic principles.
  • criminal law functions.
  • criminal law social role.

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Criminal law principles

Criminal law principles:

In fact, criminal law based on a wide range of principles and foundations that express the thought and civility of humanity regarding the management of the criminal justice system.




These include substantive ones relating to criminalization and punishment, and procedural ones relating to criminal procedures and rules for investigating crimes, searching, investigating, indicting and prosecuting.


substantive principles:


Among the most prominent principles of criminal law in the substantive field (the field of establishing crimes and determining their penalties): the principle of legality of crimes and penalties, that is, there is no crime or punishment except by a law.




The consequent sub-principles such as the non-retroactivity of the provisions of criminalization and punishment unless they are in favor of the accused (ex post facto), and the inadmissibility of resorting to analogy with regard to criminalization and punishment. 




As well as the principle of the personality of criminal responsibility and the personality of the criminal penalty, the principle of the judiciary of criminal punishment, and the principle of proportionality between crime and punishment .... Etc.


procedural principles:


Among the most important principles of criminal law in the procedural field (investigation, accusation and trial):




The principle of legality of criminal procedures in general, which is a principle of broad content that carries with it many of the foundations of criminal procedures that the public authority must respect when prosecuting and trying criminals. 




Foremost among them are: the principle of respect for the sanctity of private life, the inadmissibility of illegally obtained evidence, the inadmissibility of forcing a person to be a witness against himself, and the invalidity of criminal proceedings resulting from torture or pressure.... etc.



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criminal law functions

criminal law functions: 


In fact: functions of criminal law is a question that is said in the answer to a lot, especially since the functions and objectives of criminal law are becoming more extensive and complex over time due to their association with rapid, successive and non-stop social changes.




In general, however, the main function of criminal law can highlighted as general ideas with many meanings in content, as follows:




function of criminal law is to achieve justice: it is the main function of criminal law, which is to require the right of the victim and society from the offender and to eliminate the effects of crimes as much as possible. In other words, re-tie the balance that was upset by crime.




function of the Criminal law is to protect the State: by preserving the State and its public authorities and ensuring that, everyone obliged to obey the laws in general.




Criminal law expresses the power, power and monopoly of the State to punish perpetrators, otherwise individual retaliation will prevail, chaos will prevail and public order will collapse.




function of Criminal law is to protect society: in its security, stability, regularity of public life and various transactions between members of society. The correct application of the provisions of criminalization and punishment ensures the fight against crimes and the protection of society from their evils by achieving general deterrence and private deterrence.




function of Criminal Code is to provide security and tranquility to individuals: where each person is secure for his interests, property, children and relatives because they are generally under the protection of the law, where the individual cannot accompany all of the above to protect him permanently.




In fact, the previous objectives of criminal law were not exhaustive, but rather basic axes, each of which could include other sub-objectives of criminal law.