The legal form of the crime in the Iraqi law | ||
| Risalat al-huquq Journal | ||
| Article 1, Volume 6, Issue 1, June 2014, Pages 304-323 PDF (0 K) | ||
| Author | ||
| ahmed jaber saleh ahmed | ||
| Abstract | ||
| The subject of the legal prototype ( form ) of the crime is regarded as the product of the rule of legality which states that no crime and no penalty unless it is in accordance with the law, As concerns the treatment of the phenomenon of crime , the legislators start with organizing the acts they regard as crimes according to abstract legal form that have the criminal elements available in the act or the abstention in order to be counted as a crime . This has advantages and significance both materially and morally . The legal form of a crime extracts from the criminative articles that include all the necessary elements for forming the legal form of crime . It is evident from all this that an act or an abstention cannot actually fall under the term of crime unless it is consistent in its characteristics and elements with the abstract legal model of the law . This consistence is particular human behavior and all that is related to it from current or former or subsequent circumstances similar to the legal form of crimes in all its forms as the legislator outline it in the legal rule . | ||
| Keywords | ||
| Grime; Physical component; Mental element; Behavior; Conformity | ||
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