الإسناد الجنائي المادي

Abstract EN

The essence of the material attribution in criminal law is the addition of the result that the law criminalizes in the account of the person who is addressed by the punitive texts in preparation for their accountability.

The idea of attribution in this sense is purely a purely legal idea.

One person can not be held liable for a criminal consequence That the person with the causality of material or membership has varied definitions of the jurisprudence in the statement of material support according to the angle through which it is seen and ended up defining it as (the proportion of criminal behavior to a particular person and the proportion of the criminal result to this behavior issued by that person).

It is clear from this definition that the physical attribution has two primary forms: the single attribution; the second is the double attribution and the single attribution requires the proportion of criminal behavior to a particular person that is to say that the organic movement of a particular person was voluntary In addition to the proportion of conduct to the perpetrator it is necessary to assign the criminal result to the same behavior which is expressed in the jurisprudence of the causal relationship.

The verification of double attribution in the crime does not raise any difficulty if the conduct of the offender is the only factor that has led to the result What other factors have contributed with I am concerned by some scholars especially in Germany to determine when the causality is established on the basis of which the material support in the case of interference other than the activity of the offender and formulated several theories the most important of which The theory of the right reason the theory of the direct cause and the theory of equivalence of causes.

The positions of criminal legislation and the judiciary whether Iraqi or comparative ranged from those of the jurisprudence.

As for the extent to which material support has been achieved between negative behavior and positive outcome the jurisprudence differed and the positions of criminal legislation and the Iraqi and comparative judiciary differed.

Some of them did not include provisions on the causal relationship in abstention.

This means that it left the problem to the jurisprudence of the jurisprudence and the judiciary as in France and Egypt.

The problem is expressed in explicit provisions including the Italian Penal Code and the German Penal Code.

As for the position of the Iraqi legislator it took a different approach.

The Penal Code included a general provision in which the equality of affirmative action and abstention was recognized by defining it as "any act committed by law whether positive or negative such as letting and abstaining unless otherwise stated.

Which means that he has admitted to abstaining from the same legal value recognized for positive conduct and as a cause of the criminal consequence in accordance with the same criterion as the causal relationship between the positive act and the criminal consequence contained in article 29 of the Penal Code Requirement for a crime If the law or agreement imposes a duty on a person and refrains from performing it with the intention of committing the crime that arose directly from this abstention.