The Effects of Presumption of Non-authority in Criminal Law in the light of Public Law Doctrines

Following the usual dichotomy in law, criminal law can be categorized under the title of public law. This classification must reasonably be followed by some particular subsequences and advantages as well as being rooted in a reasonable basis – including the repercussion of publicness in criminal law. There are two particular characteristics governing on public law: first the principle of incompetence of public authorities and the necessity of the competence being nominated case by case; and the second, the requirement of precise clarification of mechanisms and procedures of applying public authority. The criminal law being a sub-section of public law must reduplicate both characteristics in compliance with which its rules and regulations should be interpreted. The present article is an attempt to represent and explain these qualifications.