الحماية الجزائية للمال المنقول
Date
2021-06-07
Authors
يحيى فؤاد خليل بلبول
yahya fouad khalil balboul
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The money is divided in terms of stability, according to the opinions of the majority of jurisprudence, into fixed (immovable) money and movable money. However, movable money has a wide meaning in criminal law compared to its civil law counterpart. Movable money is everything that can be moved from one place to another by the act of the offender, even if it is related to the real estate. This study attempts to answer the main problem of identifying the efficacy of the penal protection provided by the Palestinian penal legislature for this type of money. Assault takes many forms, including the theft of the lawful possession of the legal holder of the money, represented in the act of criminal appropriation, or through the infringement of the right to dispose of it by criminalizing every act that seeks to undermine the right to dispose of the transferred money with the intention of detracting from that right. This study also attempts to research the effectiveness of the criminal penalty prescribed in the Confrontation of crimes committed on movable money in achieving the objectives of the penalty represented by public and private deterrence, which range according to the provisions of the Penal Code in force in Palestine and other complementary injunctive legislation, from excommunication to life imprisonment with hard labor.
In order to achieve the desired goals, this study uses various scientific approaches, including the descriptive approach, and the analytical approach (both inductive and deductive), in addition to the comparative approach, where what is presented by comparative legislation in the field of penal protection for movable money is presented wherever the study finds a need for that. . This study concludes with several results, the most important of which is the lack of Palestinian penal legislation in extending adequate penal protection for movable property and its reliance on a non-strict punitive policy in this regard. The study concludes its pages with several recommendations, the most important of which is the necessity of amending the provisions of the law in such a way as to intensify the punishment prescribed to confront acts of assault on movable money in its various forms.
Description
Keywords
Citation
بلبول، يحيى فؤاد. (2021). الحماية الجزائية للمال المنقول [رسالة ماجستير منشورة، جامعة القدس، فلسطين].
المستودع الرقمي لجامعة القدس. https://arab-scholars.com/55f735