A Comparative Study of the 'Act' Element in Intentional Homicide مقاله

خلاصه ماشینی:

Keywords: element of act, constituent elements of a crime, criminal behavior, criminal result, causal relationship, intentional homicide, lethal instruments, non-material means, sorcery (magic). A group of legal scholars believe that the prerequisite for the realization of intentional homicide is the lethality of the criminal behavior (Najib Hassani, Sharh Qanun al-Uqubat, al-Qism al-Khas, p. 284), Allamah Hilli (Tahrir al-Ahkam, 2/240), Shahid Thani (Masalik al-Afham, 10/17 and 23), and the author of Jawahir (42/13), believe that if someone, with the intent to kill another, commits an act that is rarely lethal but actually leads to the death of the victim, the committed homicide will be intentional. Perhaps based on this, the legislator of our country has followed the first view in Article 206 of the Islamic Penal Code and has stipulated: "Homicide in the following cases is intentional homicide: a - Cases where the killer, by performing an act, intends to kill a specific person or an unspecified individual or individuals from a group, whether that act is inherently lethal or not, but in practice causes death... In Egyptian law, too, a small number of legal scholars hold this same view, arguing that, first, proving the causal relationship between death and such behavior is difficult; second, establishing and proving the existence of intent to kill in committing such behaviors is also a problematic matter (Awad Muhammad, p.