الأصل النظرية لصياغة النص الجنائي

Abstract

      It is known that the legal drafting of the penal text, like the rest of the texts, is like a transformation of the raw material represented by the idea and manufactured in the corridors of societal reality, which crystallized in the legislator, and was transformed from mere legal ideas, into a product that carries the specifications of those ideas, and applies to them completely, that is, the drafting is a garment that takes on It is the legal idea that here constitutes a significant legal interest, and it appears with it to society, and this appearance must express the essence of that interest and achieve its objectives. Therefore, legislation must have its own technical language, vocabulary, and rules according to which its texts are formulated, especially since the criminal law is a unilateral source of legislation. In it, only the penal text is considered, and there is no text of any other origin in it (a customary rule, a legal rule, or one of the principles of general legal principles Despite the importance of the concept of penal legal drafting and the many researches that have discussed it, it remains an important topic that deserves research, especially the nature of the drafting required by the criminal text, unlike other legal texts, due to the specificity of its subject matter, which relates to the nature of the penal text, and the drafting elements need to be identified, and all of this contributes to understanding the Ttgstm ext and its mechanisms. Developing it and knowing its components, all of which contributes to developing the knowledge and capabilities of the author of the legislative text (the penal legislator), and achieves the goals for which the legal ideas were developed and transferred from the manufacturing stage to the drafting stage within the verbal templates that we call the texts of laws