الرافدین للحقوق (Sep 2010)

The idea of attribution in the Penal Code

  • Mohammad Hosain AlHamdany,
  • Dalshad Abd Alrahman Yosif

DOI
https://doi.org/10.33899/alaw.2010.160596
Journal volume & issue
Vol. 1615, no. 46
pp. 276 – 328

Abstract

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An attribution within the zone of criminal law is considered as one of the criminal responsibility's hypotheses, or it may be prior to it considering that penal responsibility is the definite result of attributing a criminal act to it's doer materialistically and morally. In a more accurate phrase; a responsibility of a person for an act can not be discussed or talked about unless this act is attributed to him materialistically. This form of criminal attribution needs attributing a criminal result to a certain act, then attributing this act to a certain doer. But the materialistic attribution alone is not quite enough to decide and restrict a person's responsibility but it must be associated with the moral attribution, and such situation needs that a person or a doer of a criminal behavior commits it with a free and chosen will..

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