مجلة الاجتهاد للدراسات القانونية والاقتصادية (Nov 2021)

The legal framework for the moral element in economic crimes

  • ناصر دوايدي,
  • قاسي سي يوسف

DOI
https://doi.org/10.36540/1914-010-003-029
Journal volume & issue
Vol. 10, no. 3
pp. 705 – 727

Abstract

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The moral element is considered one of the most important pillars on which the crime is based, as it is on its basis that the criminal responsibility of the offender is determined, and it is related to the personality of the criminal, which is considered today the main focus of modern criminal policy. Economic crime, like other crimes, require the establishment of this pillar until the legal construction of the crime is completed, but the moral element in this crime has met with jurisprudential controversy, and what distinguishes these crimes most from others is that the moral element in them is very weak and the error in them is assumed and this contrary to the general rules.

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