The Principle Of Legality In Violations And The Extent To Which General Crime Rules Apply To It

Abstract

  Violations are an important topic in criminal law, and this research aims to examine the principle of legality in offenses, as it is a fundamental pillar in the regulation of crimes and punishments.

Crime, in general, is defined as prohibited actions outlawed by legal provisions, where the legal element is what makes an act unlawful. While the default state of actions is permissibility, certain acts may harm public interests that legislators seek to protect. Thus, legislators intervene by defining specific acts as crimes.

This study focuses on the principle of legality in violations due to its particular relevance to the concept. Several questions arise in this regard:

- Does the principle of legality apply to offenses?

- Is it necessary for a law issued by the legislative authority to determine violations and their punishments, or can executive regulations or decrees suffice?

- Is there cooperation between the two authorities, where the legislative authority sets general rules and leaves the administrative authority to determine the elements constituting the criminal act?

- What does legislative delegation mean? Does it imply that the legislative authority delegates certain powers to the executive authority to define violations?

These aspects will be discussed concisely in this research