مجلة الحقوق والعلوم الانسانية
Volume 18, Numéro 4, Pages 520-538
2025-12-22

The Principle Of Criminal Legality As A Safeguard For The Protection Of Human Rights At The National And International Levels

Authors : Nasri Meriem . Bekka Abdelhafid .

Abstract

The principle of criminal legality holds fundamental importance in both national and international criminal law. This principle constitutes a safeguard for the rights and basic freedoms of individuals within democratic systems. Its absence, on the other hand, is one of the defining features of authoritarian or totalitarian regimes, in which power is concentrated in the hands of a single authority, leaving individuals vulnerable to accusation and conviction without knowing precisely the nature of the crime they are being prosecuted for. Conversely, the existence of such a democratic principle is always associated with the rule of law, which guarantees every individual legal security in criminal matters. Therefore, all persons must regulate their behaviour in accordance with the prevailing legal rules when performing or abstaining from any act. In cases where an individual chooses to violate a criminal legal norm, the appropriate penalty prescribed by law shall be applied.

Keywords

Principle of Criminal Legality ; Crime; ; Punishment ; Strict Interpretation ; Non-Retroactivity