The Accused was Forced to Recognize Force and his Impact on Responsibility was a Contemporary Juristic Study

Author

Assistant Professor in the Department of Sharia at the College of Sharia and Law in Dammam

Abstract


The crime of assaulting the accused to force him to confess to the charge is any act that leads to aggression, abuse and direct torture of the right to the physical or mental integrity of the victim. This is a crime that has long been known by ancient societies. Which is committed individually by a natural person or a State by legal persons, internally or internationally, and has been defined by Islamic law and followed by positive law without regard to its criminal adaptation. This crime constitutes a gross violation of a very fundamental human right, And then criminal and civil responsibility for the availability of the cornerstone, and the physical component of the criminal behavior and result and the relationship of causality, and the moral corner of the racism of intent and will, they are deliberate crimes that can not be invoked by mistake or mistake or ignorance, Assault crime may have commenced this assault Or in the execution of an order by a sovereign authority. In all cases, the commander and the superior are not exempted from the penalty resulting from this act and the State has asked for criminal liability in the event of any of its employees or representatives committing such a crime. In the event that the attack leads to the death of the victim or the fatwa or tayazir with imprisonment or money in the crimes of aggression without the soul, the punishment in the modern systems is no more than to be A penalty of deprivation of liberty or financial penalties, and the claim of responsibility for the crime of aggression does not fall statute of limitations, as well as the invalidity of the declaration or recognition arising from it, and the lack of argument in proving the charge.

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