Force majeure as an inhibitor for criminal responsibility

  • Dr. Gomaa Abdel Fayyad Department of Law - College Degla University

Abstract

        Criminal legislature determines every act or behavior worthy of criminalization according to the criminal responsibility and the basis and conditions and, by contrast identifies inhibitors of criminal responsibility and from these inhibitions the force majeure as an inhibitor of responsibility , And graduated from the human will and remedied and this impediment comes from either an internal or external sours, power cannot be pushed by human, that movement organic or negative attitude of merely administrative status , If the force majeure achieved The first effect will be prevents criminal responsibility of the accused, whether criminal or misdemeanor or infraction deliberate or unintentional crime so as to the applicability of the provisions of the Criminal law for those he meets the conditions of the force majeure If the conditions are true, the court would eliminate non-liability on the perpetrator for the offense committed and drop the responsibility from him , And the demise of the basis for criminal liability so if the responsibility is gone the punishment is gone depending on that as there is no punishment withoutresponsibility with reference to the demise of the responsibility does not preclude the possibility of taking precautionary measures if you find that necessity.


 

Published
May 15, 2018
How to Cite
FAYYAD, Dr. Gomaa Abdel. Force majeure as an inhibitor for criminal responsibility. Tikrit University Journal for Rights - مجلة جامعة تكريت للحقوق, [S.l.], v. 1, n. 4, p. 484-502, may 2018. ISSN 2663-8983. Available at: <http://tujr.tu.edu.iq/index.php/t/article/view/98>. Date accessed: 27 nov. 2019. doi: http://dx.doi.org/10.25130/rights.v1i4.98.