Legal Adaptation of the Criminal Incident

Abstract

The Federal Court of Cassation, while seeking to properly apply the law or unify its application as a court of law, its role stops in the area that is not regulated by legal rules, and the judicial conviction of reality in terms of content, being a logical mental process, goes outside the scope of supervision, and thus the criminal judge is subject to the supervision of the Federal Court of Cassation. With regard to the proper application of the law if it becomes clear that it has the characteristics of the legal rule in the matter before it, and on the contrary, it is not subject to this oversight if it does not become clear that the characteristics of the legal rule are available for the matter before it.

Since this is so, the matter requires explaining one of the practical applications of that legal function of the Federal Court of Cassation, by clarifying one of the legal issues. This court has the jurisdiction to monitor it, and then correct it if it deviates, as it falls within its legal scope. This is the issue of legal adjustment, which represents an entry point for implementing the Federal Court of Cassation’s oversight of the legal aspect of the ruling.

Therefore, legal adaptation is the means through which the correct application of the law can be achieved, and legal criminal justice can be achieved. Without adaptation, there will be confusion in the legal solution, and this leads to negative repercussions on criminal policy, which is the goal of the legislator in criminal legislation.