Criminal responsibility in crimes of failure to perform public duty (An exception to the principle of personal punishment) comparative study
Journal of college of Law for Legal and Political Sciences,
2022, Volume 11, Issue issue 40 part 2, Pages 92-129
AbstractA person in his life performs different types of actions and actions, And he proceeds with these actions by his own will, so the basic principle is that things and actions are permissible, Therefore, he performs many actions related to his daily life, but this is not to be released There are many acts that, if committed, are considered criminal and deserve punishment for doing them because they are prohibited and harm the higher interest of society, A person’s behavior and behavior may take the form of a positive action, It may also take the form of negative behavior or refraining from a positive act imposed by the legislator and a penalty for those who refrain from doing it. The crime of refusal that is criminalized by various criminal laws, It has received great attention from Islamic scholars, This is due to the ethics and humanity of Islamic Sharia Which refuses to be cooperation and synergy between members of society Decided in specific cases Decided in specific cases, as did positive law as did positive law However, Islamic law stipulated that cooperation should be in all aspects and multiple areas of life.
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