The impact of criminal policy in drafting the criminal rule - A comparative study-

Abstract

Criminal policy has a close relationship with legislative policy and is one of its branches in the field of protecting security and social peace, as the framers of criminal policy work to reflect and represent the ideas and visions contained in the constitutional document in the field of protecting social interests. Crime, methods of imposing penalties, their perception of the perpetrator of the crime and the philosophy of executing the punishment, but the modern criminal policy has concluded with a number of principles related to the rule of law, principles of good governance, limiting cruelty in the implementation of penalties and mitigating them, and even replacing them with penalties and non-criminal measures, and based on the fact that the human being has a higher value, Therefore, the punishment became rehabilitation, reform and not revenge without compromising the rights of the victim and the rights of society, and this of course was reflected in the methods of drafting the criminal text and the criminal rule that this criminal text can contain, and the legislative drafting is the art of making legislation, so there is a set of objective and formal rules. The drafter of the text or the criminal rule should observe it to ensure that it expresses the substance and substance The criminal rule according to the vision of the criminal policy makers, as it is not possible to imagine the separation of the criminal rule in its essence on the lines drawn by the author of the criminal policy, otherwise the wording will be subject to review by the legislator, and whatever the criminal policy adopted by the legislator, the goldsmith must take into account the imperatives and axioms of the art of drafting This is where the jeweler's ingenuity resides in reconciling the vision and goals of criminal policy with the technical and linguistic rules to produce a comprehensive, coherent and consistent criminal base with criminal policy on the one hand, and inseparable from reality on the other hand.                                                                  

Our research came to show the extent of the influence that criminal policy has on the drafters of criminal texts and the extent to which criminal rules respond formally and objectively to this influence.