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

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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Publication Details

Journal
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Published
2026-08-17
DOI
https://doi.org/10.64682/3104-9419.1126
Primary Topic
Emergency Medicine Education and Research
Type
article
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article

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
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Emergency Medicine Education and Research
article

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
article en

Abstract

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.

Imam Ja afar Al-Sadiq University Journal of Legal StudiesVol. 6(2)
University of Technology - Iraq (IQ)
Peace, Justice and strong institutions, Reduced inequalities
Openalex Percentile: Top 6%
Emergency Medicine Education and Research
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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 · Imam Ja afar Al-Sadiq University Journal of Legal Studies (2026) | TGRS Research Map | TGRS