The Effect Of Fear In The Application Of Some Provisions Of The Penal Code

Authors

  • Assist. Lect. Mohammed Thyab Sattam Author

Keywords:

The Fear, Application, Penal Code

Abstract

Fear and psychological instability of people and the resulting states of anxiety and turmoil in some cases that may affect the will of a person, were the focus of attention for the legal provisions in punitive legislation, and we find this through the interest of the legislator in the psychological state and stability of the person and reassurance of his rights or interests and make it an issue The task is in the application of some of its substantive criminal provisions, whether in the field of criminalization and punishment or in the provisions of permissibility and criminal responsibility, as the application of some texts in these cases requires the state of fear that a person reaches as a result of the threat and threat of material, moral and legal harm, and the same is the case that fear can be A basis for the permissibility of some criminal behaviors if there is a justification for this case, as in the case of legitimate defense, and also this fear can be a satisfactory condition and is classified as a psychological and mental disability, and thus it is a barrier to the person’s responsibility for the assault resulting under its influence.

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Published

2023-01-01

Issue

Section

Articles