Provisions for attempted crimes of abstinence with the result "A comparative study" | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 1 part 2, June 2023, Pages 596-644 PDF (775.56 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.140816.1018 | ||
| Author | ||
| اØمد جابر صالØ* | ||
| كلية القانون/ جامعة وارث الأنبياء | ||
| Abstract | ||
| Abstract The subject of "attempted crimes with a consequence of abstention" is almost one of the most complex and controversial topics in criminal law, as comparative legislation, as well as jurisprudence and the judiciary, did not come out with one specific principle that governs the attempt of crimes of abstention with a result and is the subject of agreement and recognition. The importance of the research topic is evident in the fact that its scope is determined by one of several forms in which these crimes occur, namely the form of "attempted crimes of abstention with a consequence." Especially if we know that the criminal legislation, whether Iraqi or comparative, did not include a special text through which to settle the controversy raised by criminal jurisprudence regarding the possibility of achieving the attempt to commit crimes of abstinence with the result. Resorting to the general rules governing initiation did not resolve this controversy either. Therefore, it was necessary to study this subject by embracing the analytical approach based on the analysis of legal texts as well as the analysis of jurisprudential opinions and theories that were said in this regard, which necessitates the adoption of a comparative study method in dealing with the vocabulary of the research subject. | ||
| Keywords | ||
| Keywords: attempt,,; ,ØŒabstinence,,; ,ØŒcrime,,; ,ØŒpenal code | ||
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