The legal nature of the violations

Abstract

This study aims to understand the nature of the offenses from the perspective of jurisprudence; By explaining the foundations of jurisprudence trends about the nature of the violations, and the criticisms directed against them, and highlighting the foundations of modern criminal policy in determining the nature of the violations, the study used a mixed methodology of descriptive, analytical, and comparative approach; To reach multiple conclusions, the most prominent of which is the division of comparative jurisprudence toward the nature of violations; One view is of an administrative nature, another view is of a criminal nature, and the doctrinal trend of the administrative nature of the infractions has been more conciliatory in the arguments, which is supported by the position of modern criminal policy; Based on the phenomena of reduced criminalization and reduced punishment; The legislative policy of States with regard to the nature of the offenses is not uniform and fixed, but relative; They differ from one country to another; The philosophy of the State, its political, economic and social environment, and the policy of the State itself may change from time to time; Unlawful conduct may be considered a general administrative offense, and its perception may have changed at another time; It is regarded as a minor criminal offense, and the study paves the way for future research on the adoption of an independent legal system for general administrative offenses and the establishment of a general theory of wrongdoing.

Keywords

• irregularities
• administrative nature
• criminal nature
• modern criminal policy
• reduction of criminalization
• reduction of punishment