إمكانية تطبيق نظرية القدر المتيقن في ظل التشريع الجنائي العراقي

Abstract EN

Handles Find whatever the precise subject is to determine criminal responsibility in cases where offenders several offers in the implementation of criminal behavior without a previous agreement between them to commit it is to collect, including strong cooperation Association of mind to commit this crime or overlap in the commit and Ozlk while criminal result is achieved by One of only the perpetrators and not by those who have committed criminal behavior Bmeith and can not determine the culprit who made doing result rea, which generates a vacuum criminally in dealing with such facts as it is not niyyah provisions of the Criminal contribute apply in this case because of absence of mental element of this contribution and of the purpose of interfering in the commission of crime in the same time highlights the procedural obstacle to the criminal justice which is the impossibility of assigning the result of a criminal offenders at the lack of evidence to prove it.

Though it is limited to the application of general rules of law on such a criminal proceedings to become a criminal justice in front of two assumptions Tibihama justice nor Ikarhama legal logic, namely either theaccountability of all offenders on the outcome of the crime that occurred as if all of them have committed alone or not all about accountability report.

And in front of the logical and legal justification of this devised Fiqh and eliminate Ganaúaan theory termed the (equally uncertain) theory to address the facts referred to and that the accountability of multi-offenders who have committed multiple acts of one of them led to a criminal result on the amount of acts, including any extent did assault committed by each of them, not all total offense to the fact that this act is equally uncertain of their behavior.