نظرية القدر المتيقن بين النص و التطبيق

Abstract EN

The Penal Code is the substantive part of the Criminal Code، which includes the definition of criminal acts and penalties and all the related aggravated or mitigating circumstances.

It was therefore necessary that this law include all that would support the function of the law in achieving the objectives it aims at generally taking into account the public interest To provide and achieve the security of the community by prosecuting the perpetrators of the punishment of the perpetrators and the interest of individuals not to inflict innocent people alike، and to achieve criminal justice and security، and since the Penal Code determines the criminal acts sanctions against these acts as a tool that strikes a balance between But this law is limited to briefing and predicting all the rationales that may arise in the future during the application of its texts، which presents the most important principle in the criminal law، namely the principle of criminal legality for violation as a result of not being briefed on the criminal texts of the particulars and details of crimes committed، In the context of the subject of this research when a group of perpetrators committed a criminal act and the state of participation between them disappears and it is impossible to determine the role of each of them in committing the crime