الوصف القانوني للسلوك الإجرامي
The legal description of criminal behavior is in accordance with the principle of criminal legality, which states that "a crime and a penalty shall only be based on a law." This principle requires the legislator to describe the criminal behavior as a precise description of the conditions t...
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Veröffentlicht in: | الرافدین للحقوق 2018, Vol.20 (64), p.333-357 |
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Hauptverfasser: | , |
Format: | Artikel |
Sprache: | ara ; eng |
Online-Zugang: | Volltext |
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Zusammenfassung: | The legal description of criminal behavior is in
accordance with the principle of criminal legality, which
states that "a crime and a penalty shall only be based on a
law." This principle requires the legislator to describe the
criminal behavior as a precise description of the conditions
that must be met in the conduct so that this description takes
its role in the field of criminalization, Without this
description, criminal legal certainty is not achieved, and its
legal importance in criminalization is that it helps to present
the vocabulary of crimes in a logical manner.
The person who has a statement of conduct which
constitutes a crime and the penalty that the perpetrator is
committing is the legislator, through the legal texts that he
establishes. The judge's authority is determined within the
limits of the text, since he can not regard a behavior as a
crimeÖ Whatever the behavior is contrary to morality or
harmful to the interest, and this means that determining the
legal description of conduct as a criminal of the task of the
legislature, either finding the appropriate description of a
certain behavior is the work of the judge, which is expressed
by the process of legal adaptation, and through the judge's
understanding of the incident presented In front of him, he
understood the law in fact and matched one on the Another,
and then give the appropriate legal description. |
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ISSN: | 1819-1746 2664-2778 |