الجهل بالقانون و أثره على المسؤولية الجنائية و المدنية

Abstract EN

It is logically obvious that liability has been an integral part of life since the dawn of civilization.

this liability has been closely related to the affairs of inanimate objects, as well as living creatures of animals and humans.

the purpose behind such liability is to inflict reprisal with the aim of imposing a specific punishment or imposing a punishment for a social purpose.

whatever the case may be, it is for a person to be allowed to practice his activity while preserving his rights and to exercise his rights without restriction.

this is the true nature and purpose of life in an effort to establish an atmosphere of tranquility in which order prevails.

therefore, it was a given that a person’s behavior should have limits that he cannot cross, as the society, regardless of its progress or backwardness, must enact a set of regular rules that define permissible acts as well as clarify prohibited acts so that the offender is to be held accountable and incur the prescribed punishment.

it is known that the application of the rule of 'ignorance of the law is no excuse' is not regarded the same within the scope of civil liability.

this means if the offender invokes ignorance of the provisions of another law such as the civil, commercial or administrative law...etc., this will be accepted without alleging a prior intent to do so.

but if ignorance or error is subject of the penal code, it could not be accepted, so it is not accepted and prior intent is proven true.

accordingly, it is commonly agreed that ignorance of the law is no excuse, except that in the case of necessity as this may be done in some non-punitive issues, as in personal cases and other criminal matters.