الجرائم المادية و المسؤولية الجنائية

Abstract EN

321-1.

This paper examines material crimes and their substantive criminal responsibility through an authentic analytical study on their origin, legal nature and intellectual and philosophical foundations.

It concluded that their gravity and complexity pushed the French Judiciary towards inventing Crimes without a Moral Element; where only the deed without outcome or causality is required.

The physical inspection record becomes sufficient and prosecution is exempted from proof because the act is aconclusive legal presumption that does not accept proof of the contrary and does not go unpunished—a case of Force Majeure is the exception.

The legislator, as a result, allows for these crimes to be adjudicated by penal orders.

Nevertheless, criticism to the judiciary system forced the latter to revert back to the principle of legality after two centuries, making all misdemeanors material crimes.

As for felonies, the moral element is required unless stated by the law following article 321-1.