الطبيعة القانونية لمبدأ حسن النية في نصوص قانون العقوبات : دراسة مقارنة

الملخص EN

Abstract:The principle of good faith is one of the important principles in terms of positive law because it is a principle of a large-scale extended to all branches of law to the different role played because its theme is greatest that stands at a particular area and wider.

Hence, the role of the researcher is reflected in explaining the legal nature of the principle of good faith as well as determine the essence of this principle, the conditions and standards achieved, noting that this principle is linked in scope of the Penal Code to the moral aspect of the offense, particularly in the field of criminal intent, which consists of “knowing & will” elements, where the will is one of the factors affecting the principle of good faith in the legal actions to link will principle closely, when the role of will in legal acts non-existent or weak, as well be the role of the principle of good faith, and otherwise the role of will in legal actions highlights as well as the role of the principle of good faith and that the relevance of the relationship between criminal intent and the principle of good faith is evident because it is going on with it and presence and naught, in other words whenever good intention improved linked to the disappearance of criminal intent, and those who have a deliberate intention to cause injury to others and the criminal consequence of his action, so the criminal intent is exist and deserved the application of the penalty against him, according to the general rules.Keywords: legal nature, good faith principle, penal law, positive law, moral pillar, crime, criminal intent, intent to harm, general rules.