آثار اعتبار الحالة المفترضة ركنا من أركان قيام الجريمة

الملخص EN

This research studies one of the elements of the crime, which jurists differed in considering.

it is the supposed element, indicating its implications for the processes of proof and judiciary.

it aims to define the meaning of this pillar, and explaining the doctrines of the jurists in its adoption.

with reference to the relationship between it and the other elements of the crime.

it also aims to highlight the importance of activating the assumed conditions as one of the elements of the crime, and explaining the role of this element in achieving judicial certainty.

among the most important results of the research is that the supposed element of the crime is a pre-existing circumstance; it must exist when the perpetrator begins his activity, for described that crime.

the opinions of legal jurists differed between those who consider it a condition; and they are the majority, and those who considers it a pillar, some of them weighed the two sayings, and considered this circumstance a special element separate from the general elements of the crime.

considering this circumstance as a pillar to crime proof contributes to distinguishing between related crimes more than considering it as a condition.

in addition, it helps in tuning the process of proof and causation of judgments.

in pursuit to achieve the judicial certainty.