The preventive measure for the origin of the legality of crimes and penalties in Iraqi and Egyptian law

Abstract

The constitution and the criminal law share in the penal code in terms of the nature of each of them. Both are a set of legal rules, and both are issued by the national street, even if they differ, even if the legislative evidence issued by each of them differs. To what has been established in society of values, and the constitution and the penal code share in their affiliation with the common law, as both of them regulate the relations of one of its parties or two parties together with a public authority. It is predominantly social and puts the accused in the face of the state and defines the relationship between them. Here, the question that adopts linking the subject of our research revolves around constitutional principles and their relationship to the penal code in the criminal law, and as follows, what are the constitutional principles of penalties in the Iraqi criminal law? The answer to this question has been detailed in the relationship between them and fits the relationship between the penalties prescribed in the Penal Code by attributing the legal force codified in the constitutional principles.