Belief and its impact on the substantive criminal rule -Comparative analytical study-

Jabr, Ali Hamza

doi:10.63677/jqlap.2024.183557

	Belief and its impact on the substantive criminal rule -Comparative analytical study-
AL-Qadisiya Journal For Law and Political Sciences
Article 7, Volume 15, Issue 1, June 2024, Pages 137-166 PDF (587.08 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.183557
Author
Ali Hamza Jabr^*
College of Law, Al-Qadisiyah University
Abstract
The psychological aspects in the substantive penal rule have received great attention based on the general principle that the legislator does not limit his coverage to all the physical aspects in which a person finds himself, but rather extends his organization to reach attention and organization with the psychological aspects, or as some call them - the moral aspects. - This is indisputable because the act or behavior of a person extends to include material and other moral aspects that combine together, to show the impact that the crime or permissible act leaves to the outside world. In line with this interest, we find that the legislator’s understanding of the penal rule for the subject of belief differs between... Its permissibility in criminalization and punishment, as we notice an expansion of belief in the texts related to permissibility, compared to a decrease in the number of texts organized within the scope of criminalization and punishment. This research, with its division and analytical approach, attempts to shed light on the belief and its impact on the objective penal rule in an effort to come up with a number of results and recommendations that enhance From its effect within the scope of the criminal rule.
Keywords
Belief; probability

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