Belief and its impact on the substantive criminal rule -Comparative analytical study-

Volume 15, Issue 1 - Serial Number 1
Spring 2024
Pages 137-166

Document Type : Research Paper

Author

College of Law, Al-Qadisiyah University

Abstract
The psychological aspects in the substantive penal rule have received great attention based on the general principle that the legislator does not limit his coverage to all the physical aspects in which a person finds himself, but rather extends his organization to reach attention and organization with the psychological aspects, or as some call them - the moral aspects. - This is indisputable because the act or behavior of a person extends to include material and other moral aspects that combine together, to show the impact that the crime or permissible act leaves to the outside world. In line with this interest, we find that the legislator’s understanding of the penal rule for the subject of belief differs between... Its permissibility in criminalization and punishment, as we notice an expansion of belief in the texts related to permissibility, compared to a decrease in the number of texts organized within the scope of criminalization and punishment. This research, with its division and analytical approach, attempts to shed light on the belief and its impact on the objective penal rule in an effort to come up with a number of results and recommendations that enhance From its effect within the scope of the criminal rule.

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  • Receive Date 12 December 2023
  • Revise Date 26 December 2023
  • Accept Date 26 December 2023