نظرية القدر المتيقن بين مبدأ الشرعية الجزائية و التطبيقات القضائية

Abstract EN

The criminal cases in which it is difficult or impossible to identify the perpetrator of criminal behavior the criminal result of whose conduct is directly connected to causal relation, or that in which it is impossible to distinguish the doer from the partner (under the legislations that differentiate the penalty between them) as well as the cases in which a foreign factor interferes with the behavior of the offender in creating of the criminal result, shall make the court to dubious about them and shall, when there is legal adaptation, make it restricted inbuilding its judgments on a solid basis and excluding what is dubious through investigating what is certainly committed, namely the destiny inhering in those having consent or participated in these cases.

Here, the punishment of attempt rather than the punishment of complete crime and the punishment of partner rather than the punishment of the doer are imposed which is relevant to the principles of penal legality, a case which requires a legislative intervention as shown throughout.