نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The principle of legality of criminal law, as one of the most widely accepted principles in criminal law and national laws in the present era, also enjoys the same strength in the transnational arena. One of the most important supranational legal-judicial institutions is the European Court of Human Rights, which operates within the framework of the European Convention on Human Rights. In order to ensure and protect human rights and to strengthen the rule of law on the one hand, and to ensure fair trial procedures on the other, the Court has, by rethinking the principle of legality, removed many ambiguities and exceptions that violate human rights before the principle. By revising the constituent elements of the principle of legality of criminal law, the Court has practically qualitatively upgraded the concept of this fundamental principle in the realm of law, crime, and punishment. In this article, while examining the jurisprudence of the Court and based on the most important opinions and also emphasizing Articles 6 and 7 of the Convention, the conceptual development of the principle of legality has been deduced in the context of rethinking the concepts of law, crime, and punishment in the jurisprudence of the European Court of Human Rights.
کلیدواژهها English
