vol 16 no 3,2016
Causality Theory in the Jordanian Penal Legislation Murder Model Comparative Study with the Syrian and Egyptian Legislative Systems
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CausalityTheory in the Jordanian Penal Legislation Murder Model Comparative Study with the Syrian and Egyptian Legislative Systems
Dr. Imad obeid
Department of Public Law
Faculty of Law
Amman Arab University-Jordan
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Dr. Fahad Al Kasassbeh
Department of Public Law
Faculty of Law
Amman Arab University-Jordan
Abstract:
Causality is considered the most complicated issue in criminal law. As it has an important factor in deciding the responsibility of the crime in murder cases.
In murder cases the responsibility of the actor does not stand just for doing the act, but also for achieving a result as well, withcausality between them.
In unintentional murder when the act is connected to wrong doing, and there is no causality, the actor is not responsible for the death crime.
The main question of causality is:
If there are many factors contributing to death, which one is considered as a reason related to the actor in doing the crime?
The Jordanian and Egyptian codes did not regulate the theory of causality, which left so many differences in courts and jurisprudence.
While the Syrian legislature has an organized theory in clear articles in penal code.
Key words: Material element of the crime, Activity, Result, causality, Equal cause theory, convenient causality theory.