Moral attribution in criminal liability

Abstract

Attribution within the scope of the Penal Code is either material attribution or moral attribution. The first requires attributing the crime to a specific person, and therefore it represents an element in the material element of his crime, because it is sufficient for the crime to be committed by the perpetrator’s criminal behavior. As for the moral attribution that we are examining, it requires the existence of a voluntary link between the perpetrator and his crime. The crime is not attributed to a person unless he has the ability to perceive on the one hand and the ability to choose on the other hand, and this is the essence of our research.