Analysis of the requirements of the criminal rule
DOI:
https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.284-300.381Keywords:
Criminal rule, legal model, crime, circumstancesAbstract
Abstract Criminal law consists of a set of legal rules that define crimes and punishments. The criminal rule is considered the first cell of the legal system and receives remarkable attention in criminal jurisprudence, because it is an expression by which the legislator imposes his will on those addressed by the criminal rule, defines the types of behavior that he considers crimes, and imposes penalties for violating his will. When the criminal legislator turns to criminalizing a certain behavior, whether that behavior is positive or negative, he sets a criminal rule in which the criminal act is defined in the form of a legal model describing the criminal behavior. Some of the criminal rules contained in the general section and all the rules contained in the special section of the Penal Code are legal models. The criminal legislator wanted it.
References
Sources and References
First/ Sources:
1- General Penal Code No. 111 of 1969.
2- German Penal Code of 1871.
Second/ References:
1/ Books:
C- Jalal Tharwat, Penal Law, General Section, University Press, Beirut, Lebanon, 1989.
b- Ramsis Behnam, The Theory of Criminalization in Criminal Law – The Standard of the Authority to Punish Legislate and Apply It, Dar Al-Maaref, 2nd Edition, 1996.
c- Suleiman Abdel Moneim, The General Theory of Penal Law: A Comparative Study, Al-Halabi Legal Publications, Beirut, 2003.
d- Abdel Azim Morsi Wazir, The Presumed Conditions of a Crime: A Foundational Study, Dar Al-Nahda Al-Arabiya, 1983.
2/ Theses and Dissertations:
C- Haider Ghazi Faisal Al-Rubaie, Attribution in the Criminal Rule: A Study in the Substantive Criminal Rule, Master’s Thesis, Al-Mustansiriya University, Faculty of Law, Al-Nahrain University, Faculty of Law, 2014.
B- Abdel Moneim Mohamed Ibrahim Radwan, The Place of Harm in the Legal Structure of Crime: An Analytical and Fundamental Study, PhD dissertation submitted to the Faculty of Law, Cairo University, 1993.
C- Lareed Mohamed Ahmed, The Theory of Circumstances of Crime in Islamic Criminal Jurisprudence and Algerian Penal Law, PhD dissertation submitted to the Department of Law and Sharia, University of Oran, 2009.
D- Youssef Ahmed Mulla Bakheet, Circumstances of Crime and Their Impact on Punishment Assessment, Master’s thesis submitted to the Department of Criminal Sciences at the Royal Police Academy, 2018.
3/ Research and Studies:
C- Ahmed Jaber Saleh Ahmed, The Legal Model of Crime in Iraqi Law, Journal of Law, 2014.
B- Amal Abdel Rahim, The Legal Model of Crime, Journal of Legal and Economic Sciences, Volume 14, Issue 1, 1972.
C- Farqad Aboud Al-Aridhi, The Legal Description of Crime, research published in the Local Legal and Political Investigator Journal, University of Babylon, 2010.
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