الاحتمال من مقومات النتيجة الخطرة: دراسة تحليلية مقارنة

الملخص EN

Probability is one of the philosophical concepts in criminal law from which the criminal legislator constructs incrimination in the dangerous outcome based on the probability measure, such as crimes against security and public policy, crimes against terror, crimes against the public's health, crimes endangering transportation means, crimes involving fire and the use of explosives, crimes against formality or abstract or merely behavior, and others.

Is the legislator inflating these crimes since they have no consequences (before the harm manifests) and because they violate the dignity and human rights guaranteed by the Constitution? The lawmaker does not require the outcome, but the utter act of taking certain actions—such as carrying a weapon without a permit or having drugs in your possession-will result in a crime.

In its material concept, the legal concept of probability is only a form of legal interpretation; the consequences of criminal behavior are sequential and varied.

Nonetheless, what justifies the legislator's intervention is a violation of a legal right and how to preserve it because it is considered a direct violation of the essence of the public interest and the possibility of serious harm to it.