Criminal Law القانون الجنائي

8/10/2019 Criminal Law

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United Arab Emir ates

Al Ai n University of Science and Technology

Report on

crimin l l w Name :

ID :

Name :

ID :

2012 2011


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Index

No Ti tle Page

1 Cover 2 The index3 Introduction4 criminal law

5Objectives of criminal l aw

6 Criminal law juri sdictions

The role of criminalThe development of criminal law:

7-8Rooting philosophical to the Criminal Code:Tr aditi onal school

Traditi onal school of modernI talian positive school

School of Social Defence 9-12 Content of the criminal l aw

13 I mages attempt:14-15 Contribution, participation and active moral

16 Conclusion

17 References


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IntroductionThe first civilizations generally did not distinguish between civil law and criminallaw. The important elements are mens rea and actus reus. The first written codes

of law were designed by the Sumerians. Around 2100-2050 BC Ur-Nammu, the Neo-Sumerian king of Ur, enacted the oldest written legal code whose text hasbeen discovered: the Code of Ur-Nammu although an earlier code of Urukagina of

Lagash ( 2380-2360 BC ) is also known to have existed. Another important earlycode was the Code Hammurabi, which formed the core of Babylonian law. Theseearly legal codes did not separate penal and civil laws. Of the early criminal lawsof Ancient Greece only fragments survive, e.g. those of Solon and Draco.The Old Bailey in London (in 1808) was the venue for more than 100,000 criminal

trials between 1674 and 1834, including all death penalty cases.The similarly significant Commentaries of Gaius on the Twelve Tables also conflated the civiland criminal aspects, treating theft or furtum as a tort. Assault and violent robberywere analogized to trespass as to property. Breach of such laws created anobligation of law or vinculum juris discharged by payment of monetarycompensation or damages. The criminal law of imperial Rome is collected in

Books 47-48 of the Digest. After the revival of Roman law in the 12th century, sixth-century Roman classifications and jurisprudence provided the foundations ofthe distinction between criminal and civil law in European law from then until the

present time . The first signs of the modern distinction between crimes and civil matters emergedduring the Norman Invasion of England. The special notion of criminal penalty, atleast concerning Europe, arose in Spanish Late Scolasticism (see Alfonso deCastro), when the theological notion of God's penalty (poena aeterna) that wasinflicted solely for a guilty mind, became transfused into canon law first and,

finally, to secular criminal law.The development of the state dispensing justice in acourt clearly emerged in the eighteenth century when European countries beganmaintaining police services. From this point, criminal law had formalized themechanisms for enforcement, which allowed for its development as a discernibleentity.


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criminal law :

Criminal law is a set of legal rules governing the State criminal acts and penalties,which Maihamlh responsibility to address every action leads to the creation of

disgraceful disorder in the community center

The Moroccan legislator uses the term criminal law, while the Mashreq countriesuse the term Penal Code and the Penal Code, which result from the criminal act isdirected to the following expressions

- The term criminal law focuses on misdemeanor and felony without violating

- The term sanctions is widespread in Egypt, maligned him as a Temth precautionary measures and preventive

Penalty term which is prevalent in Kuwait, Jordan and Syria, said the sanctionsand measures together, and because there was general and administrative civil

penalty as Balzger suggests a lack of deterrence and maligned him

We can say that the term is closer to the criminal legal logic since there is no goodto express all the main part

It is clear from this topic Alkhtath stages of the application of criminal law

criminal act inefficacy of criminal law without ignition fuse punishmentno crime or punishment except text punishment prescribed by the law

Thus, it is clear that criminal law concerned with deprivation and objectivedefinition of crimes and penalties and the various measures, and the Criminal

Procedure is a procedural law of the form

Private law and examines each crime separately in terms of both staff and the

conditions that result in Concept of the state in criminal law shows that legal rules determine the control

Lalla effective criminal sanctions and remains relatively according to differenttime, place and Maysodh socially, economically and politically.


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Objectives of criminal l aw

Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physicalor corporal punishment may be imposed such as whipping or caning, although these

punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement maybe solitary. Length of incarceration may vary from a day to life. Government supervisionmay be imposed, including house arrest, and convicts may be required to conform to

particularized guidelines as part of a parole or probation regimen. Fines also may beimposed, seizing money or property from a person convicted of a crime Five objectivesare widely accepted for enforcement of the criminal law by punishments: retribution,

deterrence, incapacitation, rehabilitation and restitution. Jurisdictions differ on the valueto be placed on each. Retribution Criminals ought to suffer in some way. This is the most widely seen goal.Criminals have taken improper advantage, or inflicted unfair detriment, upon others andconsequently, the criminal law will put criminals at some unpleasant disadvantage to"balance the scales." People submit to the law to receive the right not to be murderedand if people contravene these laws, they surrender the rights granted to them by the law.Thus, one who murders may be murdered himself. A related theory includes the idea of"righting the balance."

Deterrence Individual deterrence is aimed toward the specific offender. The aim is toimpose a sufficient penalty to discourage the offender from criminal behavior. Generaldeterrence aims at society at large. By imposing a penalty on those who commit offenses,other individuals are discouraged from committing those offenses.

Incapacitation Designed simply to keep criminals away from society so that the publicis protected from their misconduct. This is often achieved through prison sentences today.The death penalty or banishment have served the same purpose.

Rehabilitation Aims at transforming an offender into a valuable member of society. Its primary goal is to prevent further offense by convincing the offender that their conduct

was wrong. Restitution This is a victim-oriented theory of punishment. The goal is to repair,through state authority, any hurt inflicted on the victim by the offender. For example, onewho embezzles will be required to repay the amount improperly acquired. Restitution iscommonly combined with other main goals of criminal justice and is closely related toconcepts in the civil law, that is to say returning the victim to his original position


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Criminal l aw jur isdictions

Public international law deals extensively and increasingly with criminal conductthat is heinous and ghastly enough to affect entire societies and regions. The

formative source of modern international criminal law was the Nuremberg trials following the Second World War in which the leaders of Nazism were prosecuted for their part in genocide and atrocities across Europe. The Nuremberg trialsmarked the beginning of criminal fault for individuals, where individuals acting onbehalf of a government can be tried for violations of international law without thebenefit of sovereign immunity. In 1998 an International criminal court wasestablished in the Rome Statute.

The role of criminal

The rules of criminal law rules of law to the availability of properties where thecommand of the rules as I aspire to goals related to critical social and politicalentity, as the criminal law branch of the common law

Are employed and the general criminal law for the common good and the nappy onthe structure of the state and not to harm them socially at the level of theindividual, family and communityBut in political terms worked to respect the

principles sought by the State Constitution, by institutions that political, religiousand Tagafah it effectively check the feasibility of such rules and legal scholars ofthis role it wrong

The development of criminal l aw:

Over the criminal law of several developments during the periods of timerepresenting various styles and forms of human populations, ranging from human

populations first characterized by the weak level Altndeim out, Ed Atkhaddalansinan Andak clan Oalaqbilh form or as a frame of social authorizing

him to enter with others into transactions and relations of the thing my fatherreflects Alajtmaaaah nature of man. As I said before, what might be called acriminal law of that era had been dominated by the nature of revenge that anydispute resolution DAT criminal nature it is through the activation of Ndhamrevenge from each of the up to date can be considered to prejudice the honor of anindividual tribe or tribe in particular


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Rooting phi losophical to the Criminal Code: Traditi onal school

Department of Jurisprudence some supporters of this school into two parts:

1- Department headed "Beccaria", which started from the idea of necessity, sothat the basis for the punishment to achieve public benefit to the State, whichalone has the power to criminalization and punishment, permission must bethe creation of proportionality between crime and punishment, and thereforebe "Beccaria" the first to call the principle of legal punishment .

2- Department led Bntnamr is completely contrary to Beccaria, where the idea stems from the utility, so that the punishment depends on Bmnftha so called sanctions until the signing of the doctrine called "the doctrine of deterrence,

punishment"Valtfred at this school was based on strict liability

Estimated on the basis of the gravity of the injury without regard to the case of anupdated psychological damageThe function of punishment Vtkon in the defense of society in a reply

Traditi onal school of modern

This school originated as a reaction to the criticism of the antecedents of the neglect

of the personality of the offender, and the owners of this school tried to reconcile theidea of benefit, and the idea of justice as advocated by "the."

But differences between the two schools comes from the look of each to freedom ofchoice in humans, while the declared traditional school the first character at all, andan abstract of the freedom of choice, the modern school that had admitted the freedomof choice but it gave her character is relatively scalable from one person to another,has been for this school influence over Moroccan legislator "Chapter 135".

I have tried to develop the modern traditional school experience to individualize the sentence on the basis of degree of responsibility, because the latter is based on theidea of freedom and justice so requires an appropriate starting point penalty for thedegree of freedom. But the most important thing is taken to this school "traditionalmodern" there is no proper measure of liberty to prove the thing that has pushed to

find a scientific basis, but what are the pillars of the school situation?


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I talian positive school

The Italian positive school is the school appeared in the nineteenth century, themost prominent pioneers, we find perhaps the most important thing brought him

this school is Aelloukaahalta measures were not known before.2 - the ideas of this school: The Italian positive school, she appeared as a result ofa natural and inevitable, given the circumstances that were the humancommunities from injustice, oppression and exploitation and oppression andtyranny.The individual was punished and tried without that there will be rights of thedefense, without regard for the humanity and dignity, said the pioneers of the

school need to link between the crime committed and the punishment that affect theoffender no need to submit to the principle of legality that: (do not Jerimaoladeath, but the text). It also came a new idea is that the criminal who does not workwith him to imprisonment or imprisonment, subject to a safeguard measure or

precaution which is commensurate with the size Jerimaalta committed. But what a shame this school, it is said that anyone who meets the description of the personmust be exposed to one of preventive measures, even if not committed any act

punishable by law, in violation of the principle as long as called for by theCraeihalta.

School of Social Defence Appeared this school at the hands of al-Faqih Italian "Filho Karamateka" and al-Faqih"Mark slipped away" and take the same ideas of the school situation, Ktksam criminalsand the adoption of measures and the denial of freedom of choice when the offender, as itdoes not recognize the responsibility of the offender criminal for refusing the idea of

guilt, Velmejrm at this school, the patient must be repaired and social evaluation. And to achieve these results needs to be a policy based on the following basis: Adoption of the experimental data of Sciences to examine the personal and the offender

sign the appropriate measure for each case. the penalty remains a successful way to protect society from social disruption. The need for diversity and punishment measuresto achieve the very society. bring the law of social defense created through socialexclusion and criminal law. This school has not received from the arrows of criticism, sothat the exclusion of criminal law as an instrument of coercive state and a way to

strengthen the criminal policy could lead to destabilize the structure of the state.


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Content of the criminal law

Respect to the offenses of criminal law, any acts that are harmful to society. Andvary in terms of serious crimes between mere disorderly conduct and murder. The

Criminal Code of these crimes, sets the rules for the arrest of criminals, and the possibility of prosecution, and penalties for offenders. The so-called non-criminallaw civil law, although the meaning of that will be discussed later. However, somecrimes are also damaged, the injured party may claim compensation under civillaw. The central government in most countries most of the issuance of criminallaws. In some countries, such as Australia and the United States, each state, as the

Federal Government, a set of criminal laws. However, we must protect thecriminal laws of each state the rights and freedoms guaranteed by the federal

constitutional law. Crime

The concept of crime Ptnazaah the legal definition and social definition.The legal definition is taken by the Moroccan legislator said in chapter 110 of theCriminal Code: "Crime is an act or omission which is contrary to the CriminalCode and punishable pursuant thereto."

In examining this chapter, we find that the legislature has omitted bug criminalityand is not provided only on the physical and legal pillars with the omission of themental element.The definition of social crime has taken its first chapter of the criminal groupwhich provides for the criminalization bug, saying: "criminal legislationdetermines human actions prepared by the crimes because of the impact of socialdisorder and requires perpetrators penalties enjoined or preventive measures

Even the concept of crime more clearly must include three elements. Crime strictlegal sense does not only the availability of general conditions, called the pillars ofthe elements of crime in general and to the side of the General Staff to be theavailability of special elements of the crime varies from crime to another, and iscalled the elements of the legal text and take care of your selected . El ements of the crime

In legal terms is not the act or omission a crime only if provided for by an explicit provision in the law (corner legal), has been committed or attempted commissiondirected to the outside world (material element), so by a person of sound mind


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capable of discrimination and has the will and understanding for of the factscommitted by the (mental element). Thus, the elements of the crime three pillars:Legal corner :The legislature can not create crimes and not to appoint her sanctions unless the

text of the intervention by the legal guarantee rights of individuals and society. And in so doing decide the principle of the legitimacy of criminalization and punishment and the principle of legality is a universal principle take every modernlegislation is the principle of protecting the individual from the control can noteliminate punishment only for acts which he considered the legislator crimes not

punished, but the penalties set by the terms of the type and amount of the text of the former, Thus,'s actions the individual is not punishing, unless the law tocriminalize and set it to punishment according to the principle of "no crime or

punishment except by law" and this principle was common even in the systems andthe ancient laws such as law, Roman and Greek, and Islamic law, we findapplications of him through the verse: " And We never punish until We have sent amessenger, "and that this rule is only the realization of the principle of the

famous." original innocence and the human origin of things is permitted. " In the Moroccan legal system, we find confirmation of this principle throughChapter 3 of the Criminal Code, but most of this is that this rule is a rule protectedby the Constitution.

M ateri al element:The criminal law and contrary to the ethics and religious rights are not punished for his thoughts and his feelings and his intentions and feelings as long as thetrapped Mkhilath. Does not begin the work of law unless embodied these ideas andhas taken a tangible form. Because the basis of criminality is caused by the crimeof social unrest and ideas as long as in the imagination of the owner does not giverise to any defect in the community, but should remove them to the outside worldbecause in this case alone can be damaging to society and the behavior of physicalexternal punishable with him may be generally positive take a picture action(positive activity) as it can be limited to just abstain or not to do the event that thelaw orders him to do (passive activity).The physical elements of the corner :The nature of the business components of this element according to the type ofcrime, in the crimes formal or crimes of behavior is in the form of action or refrain

from action warn the law regardless of what may have about the results of the


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crimes result Felthakq material element to be an act in and check the result of acriminal and the presence of causal relationship between themThe mental element:The departure of the will of the person to commit a particular crime, verb or

omission contrary to the law should be issued for the actor is aware of hisbehavior and the selection and knowledge of the incident by the next in terms of

physical and legal. Is that individuals may have committed crimes error, which isintentional crimes but committed through negligence or lack of foresight or

precaution, or non-observance of regulations and laws, for example, "crimes oftraffic accidents."

Sort crimes: A result of crimes by seriousness and penalties have to:

A / - Criminal Chapter " crime punishable by the legislature in one of the following penalties: death or life imprisonment or temporary, from 5 to 30 years old orhouse arrest or deprivation of national rights.

B / - misdemeanors : It is of two types: the cover of disciplinary a crime punishableby law by imprisonment in excess of a maximum of two years and not more than

five years, and the cover of seizure a crime punishable by law by imprisonment notexceeding a maximum of two years or a fine of more than AED 1200.C / - irregularities: a crime punishable by death legislator detention for less than amonth or a fine of not more than AED 1200.What to do:

Prevent the occurrence of street crimes year, and this requires firmness andvigilance in the performance of the task.

Before the intervention must make sure that the act constitutes a crime perpetrator. In the case of the person committing the crime, especially crimes andmisdemeanors should be stopped, detained and stripped of all a serious tool, toestablish his identity and taken to the nearest police department.

In case of violation, the identity of the offender must be taken and adjust theoffense committed without stopping or Syakth to the interests of the police.

If the criminal law is not punished on the ideas and intentions are not punished asa general rule on the stage of preparation to commit the crime, it began tointerfere with punishment if the offender in the implementation of the physicalcorner of the crime. If successful in the implementation of his crime before the


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crime we were full. But if we failed to score before the crime is missing. Or ascalled by the legislator "attempt" has been provided for in Chapter 114 BC. C,

saying: "Every attempt to commit a felony seemed to begin to implement or workunequivocally aimed directly only commit, if you did not stop the implementation,

or did not get the desired impact, unless the circumstances of beyond the control ofthe perpetrators are Kganaah full, and punishable as such. "

Based on the previous text can extract the foll owing elements:

Criminal intent: There must also be directed to the offender will commit a crime ofany full all of its elements, where the offender intended to engage in behavior andto achieve a particular result, hence the deliberate attempt is always a crime withcriminal intent.

Start of implementation: this means that the offender begins and proceed with theimplementation of the material element of the crime any act aimed at achieving theoutcome, do not try, then if you did not start the perpetrator of the crime or did notcome any act unequivocally aimed directly behind him to achieve his crime.

Lack of voluntary reverse: this means stop the criminal element from thecompletion of the physical element of the crime because of circumstances notincome to the will of the offender. There is an external circumstance or objection istransferred without intervening complete the implementation. And if it finds theoffender while he was away with the police coming towards the place of theaccident, this reverse involuntary.


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I mages attempt:

Three copies of the bid are: Crime suspended, failing crime, the crime impossible.- Crime suspended:

It stands by the work force for reasons external to the will of the offender before hetakes what prepared means to commit the crime. And so that the person pointing a

gun towards his opponent, and when the matter to shoot a third person Vinzaarealize it is threatened by the gun or his weapon if he carried out his crime. Here,the activity is not a crime to be suspended.

Crime faili ng: Is a crime that can not be achieved without reverse the outcome of the criminaloffender or interference of any foreign workers even though the actor exhausted allthe activities that I think it will lead him to the result he wanted. An example that

someone wants to steal money and when someone else put his hand in his pocket,he finds empty of cash.

Crime: I mpossible: A crime that can not be achieved where the result is criminal because it is not possible and impossible, and an example of this: "trying to abort a woman is not pregnant."

Punishment:Tr y felony: punishable by the penalty prescribed for the felony completeTr y misdemeanor : punishable by law if the text explicitly that the penalty

prescribed for such offenseTr y the off ense: is not punishable at all.Example: A person who stood in front of a shop at night, you might do it forconsideration to the clothes displayed in the glass facade of the shop, or perhaps

stolen.Vhars Security can not inquire about that person is standing, but if you initiatedthe breaking glass facade, then the time to intervene and try to stop him because

the crime have been achieved.


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Contr ibution, participation and active moral

May be unique to one person, the design and execution of the crime, and may beimplemented more than an active one, and takes multiple offenders are legally two

forms: A - Contribution:

Not known to contribute to the Moroccan legislator, but exposure to the shareholder, through Chapter 128 of the Criminal Law, where he says: "Crime is acontributor to every person who commits an act of physical implementation for it."

In contributing to each one of the perpetrators to implement some of the factsconstituting the offense as if the two people break down the door of the shop andtaking over its contents. And again, someone poured gasoline on the house andanother sets fire on them. Valmsahm be effective because it has an original act of

physical implementation of the crime. Valmsahmun are involved in major projectsto bring the criminal into being, so they are indigenous actors. They borrow fromthe criminal described the facts of the crime.

B - post:

If the participant, and in contrast to the shareholder does not commit any act of physical implementation of the crime, but his work is limited to assist the shareholder if the secondary works not included in the elements of the crimeexample: to provide a weapon for someone else to use it in the murder. Thus it canbe said that the participants are those who work in the output of secondarycriminal enterprise came into existence, and they always borrow from criminalactors described the original.

The Moroccan legislator referred to participate in the crime through Chapter 129

of the c, which states that: "The participants in the felony or misdemeanor whodoes not contribute directly to implementation, but it came one of the followingacts:

Is committing the act or incited to commit, and that the gift or promise or threat orabuse of authority or jurisdiction or fraud or criminal fraud


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Provided weapons or tools or any other means used in committing the act with theknowledge that they will be used for that

Help or aided the perpetrator or perpetrators of crime in the preparations or

laxatives to work with committed knowingly; Back to provide housing or shelter or meeting place for one or more of the bad guys who practice banditry or violence against state security or public security oragainst persons or property with knowledge of their behavior criminal

On the basis of the text can be said that the conditions for participation is zero, oneno longer participate and those conditions are:

Conditions for participation:

Check one of the cases provided for in Chapter 129 of the law c.

Aware of what the participant intends to do the original actor, is given a tool orhousing, or assistance, or other cases mentioned, and this is essential to havinghad criminal intent for the establishment of criminal responsibility.

The existence of an act provided for the major criminalized in the Criminal Codeof the type of felony or misdemeanor.

Punishment:

Chapter 130 of the c states: "participating in a felony or misdemeanor penalty prescribed for such felony or misdemeanor." Chapter 131 and adds that personalcircumstances do not affect only those who have it, but circumstances kind ofcrime they produce effect for all shareholders or participants even if they realize.

The irregularities do not participate in the punishment on them at all as provided

for in Chapter 129 of the Act in its final paragraph c. C - the moral actor:

Chapter 131 of the c law provides that: "Download of the person who is not punishable, because of his or her described as personal, to commit a crime, it punished the crime committed by this person."


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Conclusion

Criminal law, as opposed to civil law, is the body of law that relates to crime.

It might be defined as the body of rules that defines conduct that is not

allowed because it is held to threaten, harm or endanger the safety and

welfare of people, and that sets out the punishment to be imposed on people

who do not obey these laws

In the end I hope that you receive the report impressive


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Criminal Law القانون الجنائي