The application of the criminal judge to the provisions of international treaties

Abstract

This study sheds light on a very important issue raised by Article 171 of the Constitutional Amendment of 2020, which states: “In exercising his office, a judge shall apply the ratified treaties...” This has raised many questions in national criminal jurisprudence, especially in the area of criminalization and punishment. On the one hand, the obligation of a criminal judge to apply treaties may affect one of the most important pillars of criminal law and the most important principles on which it is based in the field of criminalization and punishment, namely the principle of legality of criminalization and punishment and its important legal principles, such as the principle of separation of powers and the principle of legal security. On the other hand, the question arises whether the provisions of treaties can be applied directly by the criminal judge or whether it is necessary to establish the provisions of treaties within national laws.