The constitutional principle of the legality of crimes in Palestine

Abstract

Crime legality is considered one of the most important principles related to fair trial guarantees. This principle means that criminalization and punishment sources must be dependent only on the law. Thus, the latter determines what acts are to be considered crimes and their penalties. This principle relies on a constitutional base, taking into consideration the potential danger that the legislation may pose in the fields of criminalization, punishment, and criminal procedures, on the public rights and freedoms that are protected under the constitution. Manifestations of this basis also emerge in that oversight of the constitutionality of laws, in accordance with the purposes of the Constitution, has established a number of criteria, to ensure the legality of criminalization and punishment texts. This study sought, through a descriptive and analytical approach, to establish the constitutional basis for the principle of the legality of crimes, both substantive and procedural, and to extrapolate the constitutional criteria for the legality of texts related to criminalization, punishment, criminal procedures, and the effects of criminal legality principle on criminal legislation.

The problem of the study focused on the lack of conscious understanding by the legislator and law enforcement authorities of the constitutional basis for the principle of legality of crimes. The importance of the study obviously appears in that it provided for researchers and legislators an integrated study of the constitutional basis of the legality of the crime principle and its effects on criminal legislation.

 The most prominent of result was that procedural rules must be implemented within the framework of a conscious understanding that procedural laws substantively aim to protect the rights and freedoms of the individual, and the legislator must adhere to the constitutional criteria for the legislative texts.