Mens Rea in Qatar’s Penal Code: Criticisms and Recommendations

Abstract

This paper discusses mens rea as an element of crime, examining the legislative wording of mens rea and the vital role that this wording plays in the formation of the mens rea element in the Qatari Penal Code. The purpose of this paper is to improve the legislative wording of mens rea in the Qatari Penal Code. This paper also addresses general questions about how criminal mens rea relates to criminal justice, what makes mens rea ambiguous, and how we can solve this ambiguity. More seriously, this paper seeks to determine whether legislative omission contributes to the ambiguity of mens rea, thus adversely affecting criminal justice. In conclusion, this paper offers recommendations for the Qatari Penal Code to improve its approach to mens rea.

Keywords

• Mens rea
• Criminal Law
• Mental element
• Qatar
• Recommendations
• Criticisms