The principle of the legitimacy of criminal law and its place in Iraqi law

Abstract

The principle of legality means that the state, with all its bodies and individuals, is subject to the provisions of the law and does not deviate from its limits. This principle requires that the administration respect the provisions of the law in its actions, otherwise its actions are considered unlawful and subject to invalidation. The basis of this principle depends on the different political, social and economic conditions in different countries, as the aspect of criminal sanction may be procedural, represented in the invalidation and exclusion of evidence derived from the procedure that violates the rule of legality, and may be of a punitive nature represented in the punishment of those who carried out the procedure violating the legality and the appropriate method for studying this topic was the descriptive and analytical research method, by trying to collect the elements of this topic spread among the folds of Arab laws, especially the Iraqi Penal Code No. 111 of 1969, and the research reached a set of results, including that the characterization and criminal characterization of acts by