Article Title
THE FOUNDATION OF CRIMINAL PROCEDURAL LEGALITY IN ISLAMIC JURISPRUDENCE AND THE SAUDI LAW: A COMPARATIVE STUDY
Abstract
Abstract
Criminal procedural legality is one of the circles of legality to which the Criminal Code is subject, with the first episode appearing under the name of (No offence, no punishment except by provision) to protect human beings from the risk of criminalization and punishment without legal provision in order to be free from the retroactivity of the Penal Code and from any risk of analogy in the field of criminalization and punishment, Only this first episode is insufficient to protect human liberty and rights if it is possible to take action that would infringe upon the presumption of guilt. The second cycle of criminal legitimacy, procedural legitimacy, had to emerge.
The principle of procedural legality means that the system is the source of criminal proceedings. criminal procedure , whether constitutional or ordinary, because criminal proceedings involve a great deal of oppression and coercion against the accused and sometimes against others, as well as affecting individuals' freedom and fundamental rights and may be taken against individuals who have not yet been found guilty, or later acquitted, and thus have to be the source of the regime.
