خصوصية الجرائم الماسة بأمن الدولة : (دراسة تحليلية للركنين المادي و المعنوي)‎

Abstract EN

Crimes against state security have are dealt with according to a special criminal policy that differs from the other crimes, due to the gravity of these crimes as well as the importance of the interest the legislator aims to protect.

For this purpose, the legislator relies on a precautionary policy which was clear on some areas regarding the actus rues and the mens rea of crimes against state security.

This study sheds light on the specificity of those crimes.

This includes expanding the criminalization of mere endangerment and expanding the criminalization of attempted incitement as well as the intention to commit the crime, i.e.

the mere psychological state of the determination to commit the crime of betrayal.

Such specificity is reflected in the stipulation of the idea of participating in the crime of betrayal after its occurrence.

With respect to the mens rea, this study focused on the case where the criminal responsibility holds although the criminal does not anticipate the criminal result, as s/he should have expected its occurrence in the normal context.

The idea of anticipation of such result was adopted in many texts regarding crimes against state security.

This study shows this idea, its place in relation to the criminal act, and its application to these crimes.