المسؤولية الجنائية الناشئة عن الأضرار المعنوية في الشعر العربي في الأنظمة السعودية

الملخص EN

Research Approach: The research is relied on the analytical descriptive approach, by reading and analyzing the relevant legal texts, as well as the possibility of application them to the arising crimes from the spiritual damages at Arabic poetry and indication the extent of its sufficiency and deficiencies.

Brief of the title of research: The study dealt with the definition of Arabic poetry and its types, criteria of spiritual damage, and scope of freedom of expression, and the right of criticism at Arabic poetry, and the restrictions of public law and manners, as well as the extent of possibility of poems as an element of criminal crime and stipulated penalties and reasons of strong penalties.

Important Results of Research: 1.

Production of poems contain words and phrases such as fame and dignity and for religious objectives, pushing for enmity, hatred, departure from the rulers, and insulting the symbols of the state are the components of many criminal offenses.

2.

The basis of the criminal responsibility at the right of the poet, is hidden at the outcomes of his poems such as dangerous spiritual damages to harm the honesty and defame individuals and groups and cause crimes of killing and create strife among the tribes.

3.

The arising crimes for the spiritual damages at Arabic poet type of reinforcement Crimes, whereas the criminal judge is the only responsible for identity their penalties and reasons of hard and light ruling, otherwise available of any special law.

Important Recommendations: 1.

Amendment the texts of article three and six from the antiinformative crimes law and article six of anti-harassment crime, and identify a limit rate of penalty of prisons and fine under the guilt.

2.

Consideration the capacity of the poet at all related crimes of poetic content, as well as consideration the huge spiritual damage arising from Arabic poetry as reasons of Aggravation.

3.

Activation the monitor role of the concerned authorities of culture and poetry and necessity of taking benefits from Great writers and poets and experts at field of proof crime whereas poetry is a tool of it.