The Role of Flexible Formulation in Confronting the crisis of penal Legality

• Main Author: mohammed alzubyde
• Format: Article
• Language: Arabic
• Published: University of Mosul College of Law 2019-12-01
• Series: الرافدین للحقوق
• Subjects: legislative vacuum; crisis of criminal legitimacy; rigid language and flexible language; fragmentation of the criminal rule; the rule is white
• Online Access: https://alaw.mosuljournals.com/article_164536_2ef8e2cf63c87be90fae0431aa5fad13.pdf
• ISSN: 1819-1746; 2664-2778

<strong>The frozen formulation of criminal legal provisions and the negative effects resulting from the strict application of basic principles of the theory of crimination and punishment within the frame of the principle of penal legality and the known crisis it has produced, have required the criminal legislature to use some devices of legislative formulation to overcome such a crisis and the effects consequent from it. Among such devices is the legislator's use of different forms to fill legislative gaps for imparting a sort of flexibility to the criminal legal provision to confront patterns, forms and means of modern criminal conduct ,Moreover, the effects of  flexible formulation are reflected in the legislative and judicial authorities it makes the legislature avoid  having recourse to continuous amendment of legal provisions. It also grants the criminal judge a wide discretionary power in understanding and explaining the legal provision, which makes him  overcome  the cases of frozen provision or the non adaptation of it to the fact. AII of that should be within the  frame of penal legality principle without creating crime or  imposing punishments not included in the legal provision even it is formulated.</strong>