تقنين الجرائم التعزيرية: دراسة تحليلية تطبيقية على جرائم الاحتيال المالي وخيانة الأمانة في النظام السعودي

الملخص EN

Codifying punitive jurisprudence rulings has great benefits on criminal justice systems in Islamic countries because of their clarification and highlighting of the impact of religion on legal rules, and to control the discretionary power of judges in adapting crimes and inflicting penalties.

This study dealt with the legalization of punitive crimes by analyzing the texts contained in the Law on Combating Financial Fraud and Breach of Trust, and by applying to the peremptory judicial precedents issued before the Law in order to highlight the difference between adapting the forms of crimes and clarifying the disparity of penalties .This study relied on the descriptive analytical and applied approach.

Among the most important results of this study: The Anti-Financial Fraud and Breach of Trust Law restricted the judge's discretion related to the infliction of the penalty, as this authority was open before the issuance of the law, which made there a disparity in penalties, financial fraud is defined as the seizure of money owned by others, by deceiving them and getting them to hand over that money, the Saudi regulator took public money away from the money that is unlawfully seized by the person to whom the money was handed over, due to the fact that the seizure of public money is adapted as Among the corruption crimes punishable by several other Saudi regimes .This study has reached many recommendations, including: The impact of codifying jurisprudential rulings and placing them in the form of statutory rules positively on prompt justice in the Kingdom of Saudi Arabia, as this codification controlled the discretionary power of the judge with the adaptation of crimes contained in the system and the restriction of the ceiling of the minimum and highest penalties, which consequently controlled the disparity of these penalties, so the legal necessity requires expanding the codification of punitive jurisprudence rulings by placing them in statutory rules that give them the character of legality of criminalization and punishment, and the study also recommended the implementation of The study also recommended that the term breach of trust contained in the system be defined, as there is no specific adaptation in the system for this crime, but it was mentioned inaccurately when the organizer talked about financial fraud crimes .