ذاتية الجريمة المتعدية : دراسة مقارنة

الملخص EN

Transitive crimes are among the crimes that have given rise to disputes in jurisprudence.

Criminal, sometimes we notice that there is a disagreement over its name, on the one hand, and on the other hand disputes related to its legal nature.

Transitive crimes are considered intentional crimes, and this is what we deduce from the Iraqi Penal Code No.

111 of 1969.

The transitive crime is a crime that occurrence has two consequences, the first being minor and the one to which the will of the perpetrator was directed and another result more grave than the first result the perpetrator was not intended for such as the crime of beating that leads to death, assault leading to permanent disability and abortion leading to death.

The transitive crime as a crime in which the perpetrator is asked about the event that exceeded the intention of the perpetrator even if he was not intending it, and if it was not due to negligence or negligence, it is suspected of crimes and other cases for which the perpetrator was not intended also, and these crimes and cases are multiple, but at the same time they are not It is considered an infringing crime.

And transitive crime as a crime of a special form, it has characteristics that may distinguish it from other cases and crimes, and this is what we will try to clarify in this research by dividing it into two demands, in the first one we will talk about the characteristics of this type of crimes.

As for the second, we will devote it to talking about distinguishing transitive crimes from similar crimes.

© 2021 TUJR, College of Right, Tikrit University