Moral attribution in criminal liability
DOI:
https://doi.org/10.64184/ajlps.V2.I3.Y2025.P53-84.125Abstract
Moral attribution is the psychological component of a crime and expresses the mental connection between the perpetrator and the criminal act, embodying the unity of will and behavior in the criminal field. This concept is based on the premise that responsibility is not based on the mere physical occurrence of an act, but rather on the values of justice, which require awareness and choice. From this standpoint, moral attribution acquires a philosophical dimension represented by respect for the freedom of human will, as the individual is only questioned about what he chose voluntarily or what he should have paid attention to based on reason and conscience. Thus, it represents the embodiment of the principle of personal criminal responsibility and achieves a balance between society's interest in deterrence and protecting individuals from punishment for acts that were not based on free will or conscious awareness. Moral attribution, within the Iraqi legal framework, remains a pillar for achieving justice and preserving human dignity.
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