Crimes with a mixed moral element - a comparative study –

Abstract

Crimes in terms of the moral element are two types, intentional and unintentional. There is a third type of crime that can be called hybrid crimes, where the moral element is shown in its images (intent and error). This type of crime has been the subject of great interest among scholars of Islamic law, and they have called it a semi-intentional crime. These crimes also received the attention of the jurists of positive law and called it the term transitive crimes.

This research dealt with the Syrian legislator's plan to deal with these crimes from two angles: the scope of the mixed crime in terms of the interest in the case of the assault, the acts constituting this crime, and the criminalization and punishment mechanism adopted by the legislator, which he found to have dealt with in two ways. first one is considered as independent crime as the abuse that leads to miscarriage and in the second considered the transitive result an aggravating circumstance such as rape leading to death.

The research concluded that this plan was insufficient in the protection of social rights and interests because it had been punished for transitive crime under various exclusive provisions, which made any act other than those mentioned in those texts outside the scope of the crime. Therefore, in order to fill this gap, we proposed that a general text be added - in addition to the mentioned texts - to be a precautionary text which guarantees that no transitive crime will exceed the punishment.