Elements of the crime

A criminal offense only exists when there are three pillars:

1- Sharia corner
2- The physical corner
3- The intangible element.

* The legal element: It is the text that criminalizes the verb.
* Physical element: is the criminal behavior.
* The moral element: is the criminal intent.
(It is a person’s will to commit an unlawful act).

Article (126) of the Law of Criminal Procedure:

If the Bureau of Investigation and Public Prosecution (the Public Prosecution), after the conclusion of the investigation, considers that the evidence is sufficient against the accused, then the case shall be brought to the competent court, and the accused shall be required to appear before it. The lawsuit is filed according to a list that includes the following data:
Appointing the accused by stating his name, surname, nationality, age, place of residence, profession or job, and his identification number and eligibility.
– Appointing a private claimant – if any – by stating the name, capacity, address, and identity number.
A statement of the crime attributed to the accused, by specifying the elements that constitute it, and the aggravating or mitigating circumstances associated with it.
<span;> 4 – List the legal or statutory texts to which they apply, and specify the type of punishment whether it is a hadd or discretionary punishment.
<span;> 5 – Statement of evidence of the occurrence of the crime, and its attribution to the accused.
<span;> 6 – Indication of the names of witnesses, if any.
<span;> 7 – The name and signature of the member of the Bureau of Investigation and Public Prosecution.
<span;> The Bureau of Investigation and Public Prosecution informs the litigants of the order to refer the case to the court within five days from the date of its issuance.

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