Elements and foundations of crime
Elements and foundations of crime:
The elements and elements of the crime are among the basic conditions upon which all crimes are built. All these elements must be present together in order for the crime to take place, and in the absence of any element that does not characterize the act with the crime and criminal responsibility is not fulfilled, which are three main pillars as follows:
1 / Sharia pillar:
This pillar means the necessity of having a text in Sharia criminalizing the act committed by the person until his responsibility is fulfilled, and thus the appropriate punishment is inflicted on him, and this element is considered presumptive in all crimes of all kinds.
2 / Physical Corner:
It is an act or behavior carried out by a person that is criminalized by Sharia and the penal system, and it results in punishment.
This pillar has three elements that must be met:
First, the criminal act:
This action may be either positive, such as killing a person, or negative, such as the witness’s failure to testify in a crime before the court.
Second, the criminal outcome:
It is the criminal effect that resulted from the criminal act
Third, the causal relationship:
And it is that which links the criminal act to the result that occurred, i.e. had it not been for the act, the crime would not have occurred.
3 / The Intangible Pillar:
It means that the criminal is free-willed and aware of what he is doing, meaning that he is aware of the crime and its elements and intends the results of his action.
Adaptedly transferred.