خصوصية الجرائم الواقعة على أمن الدولة في مجال الصياغة التشريعية و المصلحة المحمية : دراسة تحليلية للتشريعات العقابية الفلسطينية

Abstract EN

his study sheds light on crimes against the state security regarding the legislative phrasing in the relevant penal provisions.

In addition, it seeks to reveal the ways that are followed in protecting the interest affected by those crimes due to their sui generis nature.

The researcher aims to highlight the flexibility that the legislator gave to the legislative structures on the one hand and to the expansion of the protected interest once it is at risk on the other hand.

This study is an analytical one, where it the analyzes the relevant penal laws that are enforced in Palestine.

Moreover, the study adopts the comparative approach since it enables the researcher to identify the points of similarity and difference among those laws, and the advantages or the drawbacks; in order to present their actuality; seeking to achieve their prospective form.

The study reached sum of outcomes.

The most important among those outcomes is that of deviation of the Palestinian legislator towards the trend of expansion and flexibility in the formulation of legislative structures and in its precautionary policy regarding such crimes, which undermines the real balance between the protected interest and the constitutional principles of incrimination and penalization.