Open AccessCausal Link in Killing with Abstinence
Author(s) -
Mustafa Emad Dawood
Publication year - 2021
Publication title -
al hikmah international journal of islamic studies and human sciences
Language(s) - English
Resource type - Journals
ISSN - 2637-0581
DOI - 10.46722/hkmh.4.4.21o
Subject(s) - legislator , seriousness , criminalization , punishment (psychology) , legislature , obligation , causation , political science , criminal law , law , criminology , psychology , legislation , social psychology
It is not heresy to say that the causation that revolves around the criminal law is the one that links the cause to the causative, so it appears as a link between two poles, which is an essential axis to achieve the responsibility of the offender or not, and one of the pillars of the crime, and according to this case, factors may occur that affect the communication between The conduct and the occurrence of the result, whether prior, contemporaneous, or subsequent to determine the responsibility of the offender. And just as a crime may occur in the affirmative, it may occur in a negative way, which is achieved by the availability of conditions, and all of this is within the limits of a principle imposed on the legislator, the obligation that there is no crime or punishment except on the basis of a law, and this is within what it means that there is no crime without material behavior, to find that the legislator sometimes decomposes to criminalizing acts A broad and broad criminalization to show precisely and precisely what is the behavior, and even at the judicial level. For all of this, the researcher concluded that the legislator should be aware of the seriousness of the matter, and stipulate the crime of murder by abstaining and emptying it in a clear legislative text.