الفاعل المعنوي للجريمة : دراسة مقارنة

Abstract EN

The Criminal, according to the Jordanian Penal code, is the one who commits the crime by himself, or contributes to the commiting of the crime directly.

The direct contribution to the crime means that the criminal does not carry out the crime by himself, but he intentionally makes a naive or leagally incapable person carry it out.

In other words, he commits the crime by using a human instrument.

The penal legislations vary in their stands towards the “KSoral Criminal”; some clearly state that this sort of criminal must be treated as if he commited the crime by himself; other penal legislations did not mention the “Moral Criminal” Leaving it to the judge to deal with each case according to surrounding conditions.

This paper will show how the “Moral Criminal” is treated in Jordanian and com-perative penal laws.