التكيف القانوني للواقعة الجنائية : دراسة مقارنة

Abstract

The stud dealt with the subject of legal adaptation of criminal offenses. The aim of this study is to clarify the concept and principles of legal adaptation of criminal offenses and the legal adaptation of crimes in light of the substantive and procedural legal adaptation with the statement of the authority of the criminal court on legal adaptation. In order to achieve proper application, the study followed the descriptive analytical approach, to describe the legal adaptation and analysis of the incident presented in order to reach the criminal description. The legal adaptation of the incident as a criminal description in accordance with the provisions of the law,thestudy reached several results were that the introduction of legal adaptation to the fact is limited to the criminality without the penalty, which does not come only after the judge has completed the conformity, and that the adaptation is a legal act binding The prosecution and the competent court in order to indicate the applicable text, and the adaptation of the crime is one of the stages of adjudication of the case, and that the process of conditioning is a mental process that requires experience and insight in force, the study reached many recommendations, and the study recommends the issuance of legislation addressing the problem of legal conditioning the study recommends criminal law scholars to address the issue of legal adaptation, and recommends that the study demand the application of the specialized judge system.