DOI: 10.64682/3104-9419.1126 ISSN: 3104-9419

The Principle of Legal Certainty in Criminal Legislation as a Pillar of the Legality of Crimes and Punishments

Ali Qasim Abu Al-Hail, Jalal Al-Din Qiyasi

This study examines and analyzes the “Principle of Legal Certainty in Criminal Text” as an indispensable substantive pillar for activating the principle of legality of crimes and punishments in contemporary legal systems. The research problem stems from the reality of legislative practice, which frequently falls into the trap of using vague and elastic formulations under the pretext of combating evolving crimes. This vagueness destroys legal certainty, deprives individuals of the predictability of criminal behavior, and implicitly shifts the de facto power of incrimination from the legislator to the judge. To address this issue, the study adopts an analytical-rooting approach, supported by critical and comparative methods. The study concludes that the clarity of the penal text is a constitutional requirement for its validity, and the absence of certainty fatally undermines fair trial guarantees. Accordingly, the research recommends that the legislator commit to surgical precision in drafting, institutionalize introductory definition chapters in newly enacted laws, and activate preventive constitutional review to purify the penal system from ambiguity and vagueness.

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