البنيان القانوني لتكييف الواقعة الجنائية

الملخص EN

Legal Qualification of criminal incidents is an important necessity for every criminal case, also it an imperative condition for ruling thereon, and a basic reason for the final settlement of the litigation.

It represents a cornerstone of the judicial activity entrusted to the competent judge, starting from the lawsuit filed before the judge, until his judgment acquires the final degree.

It represents a cornerstone of the judicial activity entrusted to the competent judge, starting from the lawsuit filed before the judge, until his judgment acquires the decisive degree.

It is a logical judicial activity based on examining reality, analyzing it, understanding the law and its rules, and subjecting the first to the second, in preparation for giving the appropriate legal description to it, leading to judgment according to the legal models in force.

Hence, legal Qualification is considered the basis of the criminal case, given its serious legal significance in applying substantive law, and the procedural consequences that result from it related to jurisdiction rules, referral decisions, and trial.

Therefore, the research sought to answer the legal problems related to the adapting of facts related to the case by following the analysis and induction method, as well as the comparative approach.

The study is dividing into two parts: the first was devoted to the concept of legal adaptation of criminal events, and the second was to study conformity in legal adaptation.