Objective rulings of the Exception in Criminalization

Authors

  • Adam Smayan Theyab Author
  • The researcher. Wisam Kadhim Zaghyair Author

Keywords:

Objective judgments, Exception, General rule, Criminalization

Abstract

Abstract: This research is concerned with explaining the philosophy of the penal legislator in including the exception in the penal texts and the substantive provisions related to them, as the legislator takes into account when formulating the texts that they are suitable for actual application among members of society. The origin of equality in the discourse of the penal rule must include an exception so that this exception is distinguished by special provisions that differ from the provisions of the general rules; in order to protect interests that are only achieved through the exception, and this requires the legislator to take into account accuracy in formulating the text and applying it to individual cases related to the perpetrator and the action.

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Published

2025-01-01

Issue

Section

Articles