د.محمد عباس حمودي مبدأ التناسب في سياسة التجريم والعقاب وأثره في الامن القانوني

Abstract

               The legislator aims through criminal policy to protect social interests in a way that ensures balance and proportionality between these interests and the social philosophy of criminalization and punishment. Since punishment is a form of retribution, it is natural that the reaction is proportionate to the act itself. If this balance is absent or neglected by the legislator or one side of the scale prevails over the other, this is also considered a violation of legal security, which means the existence of a kind of relative stability of legal relations and a minimum level of stability of legal positions for the purpose of spreading security and reassurance among the parties to legal relations.