الجريمة المركبة والجريمة متتابعة الافعال في التشريع الجزائي الفلسطيني
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Date
2021-01-16
Authors
سناء علي ابراهيم غنام
Sanaa Ali Ghannam
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The idea of unity and multiplicity of the crime increasingly receives attention and arises by the law commentators and jurists because it requires to make changes into the legal definition and description of criminal acts as well as what it would necessarily entail of making changes into the determined type and gravity of criminal sanction against the wrongdoing. Each of complex crime and crime of consecutive acts is considered as of important application on the general theory of crime unity and multiplicity.
Despite the evolution of crime and the impacts raised by these classifications on both substantive and procedural provisions of the Criminal Law, yet legal researches and studies addressing these issues are still limited. Therefore, this study is intended to identify the general provisions of complex crime and crime of consecutive acts as well as to analyze the punishment policy in this regard.
The key problem of this study is how the Palestinian criminal legislator has addressed the general provisions of complex crimes and crimes of consecutive acts? To that end, this study utilizes several scientific approaches that include the descriptive approach, the analytical approach (in both its inductive and deductive) and comparative approach.
This study concludes results, on top of that the Palestinian criminal legislation deficiencies: the Palestinian legislator did not provide any text in connection with the complex crime and it definition as well as the crime of consecutive acts which could raise confusion about several issues that include the legal qualifying of criminal facts, calculate the terms of limitation for criminal cases, extinguish the right to file a complaint over time, territoriality of competent court, applicability of the law most favorable to the perpetrator when these
two types of crimes are taking place in period during which the criminal law is amended or abolished.
This study has come up with several recommendations; on top of that, amendments should be made to provisions of Criminal Law, especially the provisions of Article (72) as well as the need to amend provisions of Article (5) of Criminal Law, thus contributing to narrowing the judicial and jurisprudence interpretation and discretion of the subject matter crimes.