The quality requirements of the criminal law as an expression of the principle of legality

URL: https://dspace.academy.police.md/the-quality-requirements-of-the-criminal-law-as-an-expression-of-the-principle-of-legality/

Data: 2026

Within the legal framework of the rule of law, the principle of legality in criminal law serves as a fundamental safeguard, as it makes the legitimacy of criminal intervention contingent upon the existence of a pre-established, clear, and predictable legal provision, thereby ensuring the effective protection of the individual against arbitrary punishment. This principle is not limited to the mere formal existence of a written criminal law, but necessarily presupposes compliance with certain quality standards of the law, without which its correct application becomes, without a doubt, impossible. In this sense, the quality of criminal law provisions constitutes „a sine qua non” condition for the effective realization of the legality of criminalization and for guaranteeing legal certainty for those subject to the law. In this study, we aim to examine, from both a doctrinal and jurisprudential perspective, the quality standards of criminal law provisions through the lens of the principle of legality of criminalization, with an emphasis on their importance in the process of the legal-criminal classification of acts. This approach aims to highlight the risks posed by unclear criminal law provisions, as well as to emphasize the obligation to interpret the law strictly and restrictively, as a fundamental guarantee of respect for criminal legality in a state governed by the rule of law.