The mistake and its effect on the formation of the structure of criminal intent

Al-Hamdani, Mohammad Sarhan Hammadi

doi:10.63677/jqlap.2025.159736.1332

The mistake and its effect on the formation of the structure of criminal intent "A comparative analytical study"

https://doi.org/10.63677/jqlap.2025.159736.1332

Volume 16, Issue: 2 part 1 - Serial Number 2
Summer 2025

Pages 167-212

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Mohammad Sarhan Hammadi Al-Hamdani

College of Law - Tikrit University

Abstract

Criminal theories in general and the theory of error that is the subject of our comparative study in particular extend to criminal speculative ideas in history Theories of their diversity are not a purely coincidence, but a product of deep intellectual intrinsic circles of jurisprudence through a set of ideas that have come together to derive theories, including the theory of wrongdoing in the course of research, Perhaps what distinguishes those theories from the theory of error, especially since they did not remain at the bottom of that criminal thought, It has evolved over time until it reaches us with the situation that it now has its contents of ideas developed in our contemporary criminal reality. And beyond any doubt that any theory of error constitutes in criminal law one of the theories that have contributed strongly to the establishment of a criminal reality by establishing criminal intent in the world of crime, It is the orbit of our research that adjusts the rhythm of one of the psychological descriptions through which the truth is violated, The complete certainty of the perpetrator’s accusation of a reality is not

Keywords

Wrongdoing in the Penal Code

error in a criminal offence

ignorance in a criminal offence

criminal association between error and criminal intent