To prove criminal intent in the crimes of persons

Fger Rawai, Ad

doi:10.37651/aujlps.2010.15716

	To prove criminal intent in the crimes of persons
Journal of Anbar University for Law and Political Sciences
Article 1, Volume 1, Issue 1, 2010, Pages 257-283 PDF (395.98 K)
DOI: 10.37651/aujlps.2010.15716
Author
ad fger Rawai
Abstract
he principle of legality (no crime or punishment except by virtue of the law) was not known before the Prince the greatest (Maqna Charta), issued by King John in England in the year 1216 AD. Article / 39 of it on this principle and transfer them Mhagroa England to Philadelphia in North America . called (Monteko) for the adoption of this principle in writing (Spirit of Laws), adopted in 1748 and confirmed its necessity (Beccaria) in writing (offenses and penalties), issued in 1764 AD. Then came the French Revolution to the states on the principle of Legal offenses and punishment in the eighth article of the Human Rights Manifesto issued in 1789 AD. And committed by the criminal law and the law of misdemeanors and infractions issued in 1791, also stipulated in Article IV of the French Penal Code for the year 1810 AD. And newly provided on this principle further clarification of Article (11) of the Universal Declaration of Human Rights of the General Assembly of the United Nations in 10/9/1948 m saying (everyone charged with a crime is presumed innocent unless proved guilty according to law in a public trial he has had all the guarantees necessary for his defense). and took the principle of no crime and no punishment without the text of all legislation, including the contemporary Egyptian Constitution, which stipulates in Article 66 on it (no crime or punishment except as the law is not expected except by judicial punishment be inflicted only for acts committed subsequent to the effective date of the Act). as well as provided on this principle, Article V of the Penal Code, as stated at the outset that he (crimes punishable under the law applicable at the time of commission). and this text is almost the same as the first article of the Iraqi Penal Code, which states ( No punishment for an act or omission not based on the text of the law on the criminalization of time may not be committing penalties or measures of default has not provided for by law). and almost decided this sense Article III of the Jordanian Penal Code that (do not spend any penalty otherwise provided by law when committing the crime). This principle is of great importance is imposed on the legislature determine the elements of the crime. As he did in crimes against persons has identified Shara corners of each of these crimes. and the appointment of the penalty scheduled for accuracy and clarity of a draw that dividing lines between the patterns of illegal acts and all other actions are legitimate. which gives legitimize the punishment because they are imposed by law in the public interest is on the other hand ensures Search the judge the evidence and clues that deny actions in the border drawn by a law to protect the freedom of individuals and their rights. This principle is the need to arrange the provision of the principle of personal criminal responsibility, which entails the principle of personal criminal punishment. Hence, the man does not ask whether an active or a partner or an instigator. Only if he commits the crime of Madiat already or criminal behavior, which lead to a result of a crime with the goal of providing criminal intent toward the will of this man and his intention to achieve sinful Madiat even ask a criminal offense. The above shows us that the issue of criminal intent is unjust will be assigned by the act of attribution does it morally. After cross-check the material as the actor is the one who committed the crime Madiat. This had to be the perpetrator of the full briefing material elements are committed with the direction of his will to achieve these elements of the availability of any criminal intent then realized the full crime. The verification and proof of the crime Madiat of the things that do not find the trial court or the investigating judge (DPP in Egypt) in the great difficulty to prove it came Bmadiat three elements of the crime (criminal act and the result, the causal link between the act and the result). As for what the trial court is faced with the difficulty inherent in the full proof of the will of the evil associated with the mind of the offender and the offender psychology, which requires research and creek in the psyche of the perpetrator of the inherent criminality and saturated with lies and tricks. The proof of criminal intent or deny the crimes of persons is one of the art works to be carried out efficiently, including identifying the tool used in the execution of the crime and learn how to commit and linking evidence between the actus reus and the tool used with the place and effective and this leads definitely to enter a conviction emotional at the same judge to pronounce sentence just a clear conscience. it was necessary to prove intent criminal because of its great importance in conditioning the type of crimes against persons is it (murder or manslaughter or hit Mufdi to death) from the punishment of these crimes from the death penalty and life imprisonment or temporary and the imprisonment and fine. And that proof of criminal intent in the crimes of persons permitted in all legal avenues, including the simple evidence and inference in the question of purely objective appreciation is up to the trial judge according to what he has to submit the evidence and deciding which is due to him for good. where methods are no longer commit crime in the present simple or easy, but has become a complex committed by criminals methods and innovative ways at the same time it has become a sophisticated method of discovery of the crime beyond the typical conventional method so that the inductive method is more common, a method which depends on the collection of facts and physical evidence and then to build on the basis of opinion. This and that following the deductive method also between some schools and this investigative method, which relies on direct form an opinion or hypothesis of mind on the subject of criminal intent and attempt to prove it and prove all the facts and evidence. and through the mutual roles of the investigator and the coroner and forensic technicians and exchange of information among them, analyzed and presented in a simple fashion concept decode puzzles and interpretation of criminal intent and access to interpretation and adaptation of the crime in order for the judge to reach the correct verdict. Keywords
Keywords
Recognition of the effects of proportions on others in case of non; recognition of the proportions Athbathathar on others in the absence of demonstrable

Statistics Article View: 3,354 PDF Download: 658