دور التوقع في تحديد المسؤولية الجنائية عن الخطأ

Abstract EN

The term “Expectation” in legal contexts can be explained from the linguistic point of view as waiting for what might happen in the future resulting from the normal flow of the case.

This means that occurrence of expectation requires three major elements; selecting a sensitive event, the selected event requires a decision, and a possibility for an effect to happen in the future.

In other words, a criminal effect is expected to happen arising from the causation resulted from the behavior of the offender.

Such behavior comes because of the actual movement linked to the decision.

In Arabic language, expectation is not far from the given meaning.

Meaning that expectation is a belief about what might happen in the future.

In some cases, expectation does not have to do with experience or knowledge.

However, expectation has many commons with prediction; they are exchangeable in many situations.

Expectation is a process of guessing what might happen in the future, whereas prediction depicts more than that with more accuracy and precision, which might embrace a wider range of possible results.

Unintentional act shall not be count for neglecting precautionary measures or breaching its rules only, since law does not impose punishment on the abstract behavior itself, rather, it imposes the punishment based on the results of the behavior that breaks a forbidden effect.

From this standpoint, in expectation, the offender expected the occurrence of the crime arising from his/her conducted behavior.

Further, s/he is aware that such behavior might or might not lead to a crime.

In other words, the offender is not one-hundred percent sure, that such behavior will cause insults that forbidden by law.

Thus, associating the cause and effect of such event requires linking points.

Whenever such linking point is determined, then the cause becomes questionable and therefore can be examined as intentional cause.

Eliminating a questionable linking point shall be justified by the absent of criminal liability.

Unintentional act is in fact a psychological condition links the cause, which in this case represented by the offender’s behavior, to the effect.

Obviously, this association is justified through the willingness of expecting the effect, taking into consideration the capability of determining such expectation alongside with capability to prevent such behavior2