This study addresses two major gaps in the principle of criminal legitimacy in Qatari legislation; namely, the use of precautionary measures as a second form of criminal punishment as well as the problem of regulations as a source of criminalization and punishment and their constitutionality.
The study adopts a descriptive analytical methodology of research. The paper is divided into an introduction, three main points, and a conclusion. The first point gives an overview of the principle of criminal legitimacy in Qatari legislation with a special focus on its origin, content, and importance. The second point addresses the scope of this legal principle. The third point tackles two major flaws in the current formulation of the principle of criminal legitimacy in Qatari legislation; on the one hand, the problems pertaining to the use of precautionary measures as a second form of criminal punishment, and on the other hand, the problem of regulations as a source of criminalization and punishment and their constitutionality.
The study concludes that the law of criminal legitimacy in Qatari legislation should be amended. For that purpose, two formulations were proposed; that is, “No crime or criminal penalty except by law” and “No crime or criminal punishment except under the law”.