أسباب انتفاء المسؤولية الجنائية في الفقه الإسلامي والتشريع الجزائري

الملخص EN

This research studies the cases in which the offender exempted from punishment due to the revocation of his criminal liability according to the provisions of Islamic jurisprudence and the Algerian penal code.

it aims to defining criminal liability and clarifying its relationship to capacity and volition, and determining the bases on which to judge through it the occurrence or nonoccurrence of liability.

it also aims to detail the sharia and legal controls considered in the criminal liability activation, and to show cases of exempting the offender from punishment in Islamic jurisprudence and Algerian law.

among the most important results of the research is that criminal liability is a situation that requires the offender to bear the responsibility for his actions, and it falls on him as soon as he commits a criminal act.

criminal liability revokes by the lack of awareness (capacity) in the cases of young age and madness.

it also revokes by lack of voluntariness (volition) in cases of drunkenness, coercion, necessity, sleep, fainting.

if the criminal liability revoked, the offender exempted from punishment, but this does not revokes his civil liability, so he is responsible for compensating any damage he caused to people.