نوع مقاله : پژوهشی
1 دانشیار گروه حقوق جزا و جرمشناسی، دانشکدۀ حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 دکتری حقوق جزا و جرمشناسی، دانشکدۀ حقوق، دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
The certainty and clarity of the criminal law is one of the requirements of the principle of legality and requires the definition of the crime with maximum clarity and accuracy by the legislature. However, the open texture criminalization and the widespread and criminal-administrative of the actus reus implies a shift away from adhering to the requirements of the principle of legality.
Relying on a descriptive-analytical method, the present study seeks to answer the questions that what are the contexts of degradation of the principle of legality and the tendency of legislators to legislative ambiguity and the sharing of law and administrative-executive approvals in explaining the components of crime?
Findings show that today, Influenced by the ideas of the negation of absolutism such as postmodernism and pragmatism, criminal law moves toward relativism, flexibility, and socialization.. Also, new developments such as the expansion of the realm of criminal law in the light of the emergence of crimes outside the core of criminal law, such as preventive and technical crimes, with features like uncertainty and specialization and technicality, It has paved the way for the swamping and the regulation of criminal law. A change that is increasingly leading to Legislative parallelism and violations of the transparency and certainty of the law, as well as a fair warning to citizens.
Finally, in order to strike a balance between the dynamics of criminal law and the rule of law, observance of criteria such as the definition of terms (legislative terminology) in the text of the law in order to determine the policy of administrative officials and
Also, determining the validity period of delegating the authority to define crime to administrative-executive texts can be effective in reducing the challenges of flexibility and becoming a legal pillar. regulation of the legal element..