مبدأ حسن النية في القانون الجنائي: دراسة تحليلية

Abstract EN

The principle of good faith is one of the basic principles in civil law, and that's because it's associated with the use of the right.

where it controls the use of rights, and denies the image of arbitrary use and intention of causing harm to others, which makes meant as using the right and act with integrity, in the sense to don't aiming evil, and commitment to the objective for which the right was legislated.

but if we move the principle of good faith to criminal matters, does its meaning remain confined always to aiming evil with act?.

what makes it only related to the moral element whose presence indicates indicates the absence of criminal intent in the criminalisation area.

especially that the use of the right is one of the causes of permissibility, but on the condition using it with good faith until the criminal permissibility is achieved, and extinguish meaning of criminal responsibility, which makes meaning good faith in criminal permissibility completely different from its meaning in the criminalisation area.

all this will be clarified in this article with a descriptive analytical method ends with a set of our findings.