ISSN: 1994-4721

Author : Emad Fadhil Rekab, Asst.Prof.


The Penal Responsibility for the Causer

Asst.Prof. Emad Fadhil Rekab

Basra studies journal, Volume 23, Issue 1994, Pages 39-82

The penal responsibility for the causer of topics philosophical and legal difficult and complex, and this difficulty increases and further complicated given for not carrying out criminal Fiqh positive identification of causing criminal elements that is based, and most of that is a variation on the extent of liability caused by the result of criminal, whether in the field of Fiqh or in the field Law . In the field of criminal jurisprudence, that has split from the direction of a pro-liability caused by the result, and the direction of her last shows. In the realm of positive criminal law doctrinal differences were reflected on the responsibility of the offending under the law, depending on the adoption of the legislator to this direction or that, according to the legislator's policy to expand criminal liability in cases and narrowed in other cases, add to this that the responsibility of the offending is unclear, given the lack of legal rules explicitly to identify the offending and criminal responsibility. Therefore, this paper takes the meaning of a statement to cause and its components, and to determine the responsibility of the causer, both in doctrine or law. Therefore, this paper takes the meaning of a statement to cause and its elements, and to determine the responsibility of causer, both in doctrine or law.