RESPECT FOR THE CRIMINAL TEXT DERIVED FROM SOCIAL REALITY
DOI:
https://doi.org/10.18623/rvd.v23.6353Palabras clave:
Criminal Text, Interest, Rights, Public Services, Respect For the LawResumen
The proper formulation of criminal provisions requires that the legislator be influenced, within certain limits, by moral rules, religious principles, and established social customs. It must also take into account prevailing economic and political necessities, as well as the interests and values of society. This is achieved through maintaining a balance between the public and private interests and ensuring the protection of individual rights and freedoms guaranteed by the constitution, in addition to the state’s provision of public services. Such considerations reflect the necessity of upholding criminal provisions that regulate access to and enjoyment of these services. Accordingly, this study seeks to address this issue by identifying the fundamental bases that necessitate respect for criminal law by all individuals. These bases are reflected in the substance of criminal provisions, which are connected to social reality and responsive to political, economic, and cultural changes. They also embody a balance between safeguarding individual rights and freedoms on the one hand, and protecting the public interest on the other. Furthermore, the study examines the state’s obligation to improve the service conditions of society and the impact of its failure to do so on the degree of compliance with, and violations of, criminal law by those subject to it.
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