Custom in criminal law: A look from reality

Abstract

The general objective of this paper is to clarify the function of custom as a material source of law in the field of criminal law. To achieve this goal, the text reviews its use in the legal system through the study of positive law and real-life cases. It also clarifies the concept of custom as a source of law in the doctrinal field. It also describes the role of this concept plays in the framework of punitive law and attempts to situate this source of law in the debates of criminal dogmatics, criminal policy, and criminology. This academic exploration