The Independent Commission for Human Rights gravity, the boiling point rule, and even the rule of supply and demand4. It is defined in the Lisan al-Arab dictionary as a meter for gauging every thing5. while law is defined as “a set of general abstract rules regulating the conduct of persons in the society in a binding manner in favor of the system’s individual relationships and conduct which it should be in line with6. However, legislation, which may appear synonymous to law, means “whatever rules issued by the legislative authority to regulate a certain matter, taking into account that legislation has degrees of power according to the importance of the matters it discusses; the constitution is the main legislation, followed by civil and trade law, and then there is secondary legislation, which consists of administrative decisions or bylaws issued by different executive agencies7. This study focuses on the concept of penal code, as the literature we have just reviewed agrees with jurisprudence on the definition of the penal code as “a body of rules and statutes that criminalize a set of actions or conducts that are harmful to the public and individuals and classify them as crimes against the individual and society, and that establish punishment to be imposed for the commission of such acts8.” The jurist Najim defined the penal code as “a set of laws or codes set by the state in which it lists crimes and punishments and precautionary measures that may be given for them”9. Penal codes have different names10, but they have the same purpose of criminalization and punishment on the basis of the legislation, which states that neither is there a crime without punishment nor a punishment without crime11. Penal codes include the rules that identify criminalized acts (crimes), the persons who commit such crimes and so become criminally liable, penalties and measures determined by the law for such acts12. A set of general rules are also included, and these are rules that govern crimes and penalties within a joint framework, such as identifying the physical elements of each crime, the principles of criminal liability, reasons of justification, prohibition of punishment and liability, principles of the tempo-spacial validity of law, the start of a legal defense, different forms of crime, penal rules and precautionary measures. In addition, the penal code includes all the penal legislation which is part of and complementary to it because they relate to variable interests in a manner that necessitates their independence in a special section. This is in spite it being subjected to the general principles stated in the penal code, unless it stipulates otherwise13. 4 Al-Saraf & Hazbun, 1994. Entry to Law, (Dar al-Thakafa Library /House of Culture for publishing and distribution), pp. 8-9. 5 6 7 8 Ibin Manthur. 1956.Volume 13, Beirut.349. Alfadil, 1998. History of law-Dar al-Thakafa for publishing and distribution.p.11 Markas, 1998. Entry Into Legal Sciences (1957); Al-Fadil, History of Law, p. 12. Bihnam, 2008.General Theory of Criminal Law.al-Maaref Library. Egypt. P. 38 &Halabi, 1997, explanation of the penal code..general section, P 11. 9 Najim, 2006. Penal Law , general section, General Theory of Crime- (Dar al-Thakafa Library), p.12. 10 Penal code is known by different names, such as criminal law, penal law or criminal ruler. . 11 Sarur, 1992. Al-Wsit in penal code. General section, p.8. 12 Najim, Penal Code- general section, general theory of crime, Dar althakafa Library, p. 9. 13 “ Najim, 2006. Penal Law - general section, general theory of crime- (Dar al-Thakafa Library; p. 13. 16

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