الضوابط القانونية لجريمة الاتفاق الجنائي في التشريع الأردني : دراسة مقارنة مع التشريع المصري

الملخص EN

This study aimed to relieve the legal controls for the crime of criminal agreement in the Jordanian legislation and compare it with the Egyptian legislation through Jordanian Penal Code No.

(16) , the year (1960) and its amendments, and the Egyptian Penal Code No.

(58) for the year (1937) and its amendments.

The study used the descriptive and analytical approach to analyze the legislations related to the crime of criminal agreement and its legal controls, and the comparative approach to clarify the tracks and controls of comparative criminal legislation regarding the crime of criminal agreement in the Jordanian Penal Code and the Egyptian Penal Code.

The study provided a detailed legal definition of the criminal agreement crime , elements, forms of criminal responsibility, and the legislative and jurisprudential opinions.

The results indicated that the difference in the Jordanian and Egyptian legislations appears through determining the criminal responsibility of the members of the agreement and determining the responsibility of everyone in the event of the occurrence or nonoccurrence of the crime subject of the agreement.

Also, it indicated that the Jordanian legislator did not specify criminal responsibility of the criminal agreement in its general scope , if the crime did not take place and the material and moral element were not achieved; while the Egyptian legislation approved criminal penalties for merely combining two or more determinations for committing a felony or misdemeanor, whether the criminal agreement put in action or not.