الرافدین للحقوق (Mar 2023)

Criminal Philosophy in Dangerous Crimes An Induction study

  • Hashim Aljuhaishi,
  • Anas Aljibory

DOI
https://doi.org/10.33899/arlj.2022.136552.1229
Journal volume & issue
Vol. 25, no. 82
pp. 215 – 248

Abstract

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Danger within the scope of penal rules is an objective issue of fundamental importance that the penal legislator cannot dispense with while he is in the process of preparing texts, as it plays a vital role in all behaviors on which crimes are based and with it the elements of the existence of the moral pillar, and even in the scope of the wisdom behind the existence of the text itself. And it is closely related to the theories of retributive causation, especially the theory of appropriate causation, and why not? The danger is nothing but the threat of a social interest protected by a penal rule with potential serious harm, according to the theories of the causal sequence appropriate to the course of events, and according to what the ordinary person expects and what the natural course of it requires. Pure behavior whose legal entity is realized, even if that risk does not translate into real harm; because it is based on the mere threat of danger.

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