The Role of Flexible Criminal Law Drafting in Addressing Legality Principle Crises

The implications of the rigid drafting of criminal law rules, and the negative effects of the strict application of the basic principles of the theory of criminalization and punishment along with the legality principle have created a serious crisis in applying the penal law. To overcome this crisis, the criminal legislator has to employ some legislative drafting tools. Among these tools is to employ flexible drafting approach to criminal legislation. In addition, flexibility in drafting benefits both the legislative and judicial authorities, as it avoids the legislator resorting to the continuous amendments of the criminal law ules, and it allows judicial discretion in understanding and interpreting the law in a way that enables judges to overcome cases of stagnation of the law, and cases of non-applicability, and all of that is within the framework of the legitimacy principle - criminal offenses and penalties must be prescribed only by law.