المواجهة التشريعية لجريمة التدخين في التشريع الفلسطيني : دراسة تحليلية

الملخص EN

Smoking is considered a disease of the age and its crime against the soul, as it has damage on more than one track, whether health or financial or the damage it causes to others.

Domestic and international legislation has sought, bearing in mind the recommendations of the World Health Organization and the recommendations of doctors, to fight the spread of the phenomenon of smoking, especially among children, however this pursuit remained shy, or took the form of recommendations more than the form of obligation.

With the futility of these recommendations in reducing the practice of smoking, many countries have begun to prevent the spread of the smoking damage, at least to non-smokers.

Therefore, most countries have begun to enact legislation banning smoking in some closed public places where people meet, such as transportation, cinemas, schools and kindergartens, and organize that with special rooms according to approved standards like in other places such as airports, train stations and cafes, however, this is not regulated by Palestinian legislation unlike some other legislation such as the Kuwaiti legislator.

In fact, the legislators in general did not criminalize smoking as a mere act, and they were keen to criminalize it according to specific controls associated with the places of smoking.

This weak legislation in criminalizing smoking, mainly related to the economic benefit sought by countries from taxes on tobacco products and smoking, making it not an easy decision for countries to prioritize health instead of economy .

This study deals with the in force laws governing smoking only in the West Bank, through the presentation of the definition of smoking, the right to be protected in the act of smoking, as well as laws that dealt with smoking through various legal periods that have had an impact on the legal reality.

In addition, this study tackles the attempts of the legislator to prevent the act of smoking, by restricting its circulation and access to individuals, whether by advertising ban or tax tightening.

The research also deals with the general pillars of the crime of smoking by addressing the supposed pillar, the material and moral pillar in details, and then moving to clarify the penalties contained in several laws, whether for the act of smoking or the crimes associated with it, through the presentation of the original penalties and dependency, and the civil obligations contained in the penal Code