الوصف القانوني للجريمة

الملخص EN

The subject of the legal description of the crime is one of the very important issues that raise a lot of confusion between comparative jurisprudence, and because many of the scholars are combined between the legal meaning of the description and conformation of the crime.

Therefore, this research is not only correct the jurisprudential direction or to make it in concept on the right track and that is not committed to a personal opinion or an attempt to overthrow the other jurisprudential views, but martyrdom is based on the legal position in this area in addition to the judicial position on this matter.

Obvious from the comparison laws and judicial decisions that the legal description of the crime is only defined in the legal text of the legislation by the legislature in accordance with the principle of the criminal in this important area is the principle of criminal law that no crime or punishment without the text.

the legislator describes the fact that as a crime type particular, he describes the act of violence to life as a murder, or describe the act of aggression against private property as theft etc, therefore the identification of the legal description is the field that given to the criminal legislator in accordance with the principle of criminal law.

Accordingly, the act of the legislature when he describes the attack on the life of a murder for example, that he is set to the appropriate legal text of the crime and that may be normal or a murder committed in aggravation circumstance, as the legislature defined the crime and it s conditions, the legislature put to each case the appropriate legal describes and description any of a particular type and therefore he determines the penalty commensurate with the importance.

While the adaptation of the legal offense is the criminal jurisdiction of a judge, because the judge is legally binding to application the legal text to the incident that offer before him and he was based on the judicial belief that this text is applicable to this incident, with reference that the judge is refused depend on his personal knowledge, but must rely on the knowledge of the legal field, so that there is a legal and logical identity between the incident that offer him and the legal text.

And, if presented to a judge a criminal case it is the content of homicides committed by poison example here must be the judge of law or logic to apply the legal text on the crime of murder by poison, in other words, should the judge in this case that the legal description set down by the legislature (the text on murder by poison) of the incident in front of him before the criminal case filed by the victim or with the representatives of community prosecution.

And the need to establish a distinction between the necessary and required legal description and adaptation of the crime because the first is the competence of the legislature in accordance with the principle of criminal law, while the legal adaptation is the prerogative of the judge to comply with the law and common sense and stay with it a discretionary power in assessing the penalty between the upper and lower limits If the law provides them or mitigate or tighten depending on the conditions under which the law permits him to work them.