the formal offenses

Mezaini, Ammar; Fadel, Rabah

مجلة الفكر القانوني والسياسي
Volume 7, Numéro 2, Pages 1066-1076
2023-11-30

The Formal Offenses

Authors : Mezaini Ammar . Fadel Rabah .

Abstract

The research deals with the topic of formal offenses through an analytical and historical approaches, drawing their origins back to the Roman era and their evolution to nowdays. These offenses consist of a set of acts that are not inherently criminal and do not infringe upon any rights or interests. However, legislators criminalized them as potential threat rights and interests, regardless of their criminal outcome, whether they occur or not. They have become offenses under the law, and jurisprudence has termed them "formal offenses." The research also addresses the concept of criminal outcome in both its material and legal senses, as well as its relationship with formal offenses. It then categorizes homogeneous formal offenses into several groups: preventive offenses, negative offenses, attempts, and offenses deliberately endangering the lives and safety of others. Each of these categories is briefly explained and studied in the research.