مجلة الفكر القانوني والسياسي
Volume 10, Numéro 1, Pages 986-998
2026-05-31
The Decline Of The Principle Of Legality In Economic Criminal Law
Authors : Boutaleb Amina .
Abstract
The application of the principle of legality in the economic and financial field has experienced a relative decline as a result of profound transformations affecting economic structures and financial transactions. These developments have generated new forms of crime characterized by speed and flexibility, rendering traditional criminal legislation incapable of keeping pace through the precise and prior drafting required by the classical concept of legality. In response to this reality, legislators have adopted flexible legislative techniques, including criminalization through general formulations, reliance on blank criminal provisions, and references to regulatory texts to determine the elements of criminalized conduct. The role of the criminal judge has also expanded in interpreting economic and financial provisions, while criminalization has increasingly shifted toward a logic of risk prevention rather than merely defining prohibited acts. Although this trend may affect legal certainty and individual guarantees, it does not constitute an abandonment of the principle of legality. Rather, it aims primarily to enhance the effectiveness of modern economic criminal policy and protect the financial system.
Keywords
principle of legality ; legislative delegation ; referral ; interpretation ; flexibility
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