الفلسفة التشريعية من تقييد حق الدولة في العقاب : جرائم الطلب و الإذن أنموذجا

Abstract EN

The criminal case is the means by which society can punish the offender as the means by which the necessary procedures are taken to establish evidence of attribution of the crime to the accused.

The original requires that the public prosecution as a deputy of the society free to initiate criminal action and to attribute the crime committed to the actor, but the legislator put three restrictions on the freedom of the prosecution to initiate the action, so that it cannot with its existence to initiate the criminal case, , Authorization, and demand).

Combines the crimes under which the legislator has the right of the state to institute criminal proceedings arising from it on the request of an official body that has a legislative philosophy of a special nature, which directly or indirectly affects a range of vital interests of the state.

However, the legislator estimated that justice requires turning a blind eye to These crimes, because this ensures the interest of other first care of the interest that is targeted by the punishment for those crimes.

In order to analyze these texts and to reach this philosophy, it was necessary to divide the research into two sections.

The first was to examine the legislative philosophy of restricting the right of the state to punish for the crimes of demand, while Second, to discuss the legislative philosophy of restricting the right of the state to punishment in the crimes of the ear.