Criminal Liability of Drugs Users
Journal: Journal of Social Sciences (COES&RJ-JSS) (Vol.8, No. 3)Publication Date: 2019-07-01
Authors : Tamam Odeh Abdullah Alassaf Dr.;
Page : 359-385
Keywords : Criminal liability; drugs; intentional crimes; cognition;
Abstract
Drug abusers bear full criminal responsibility for the crimes they commit, as it requires full punishment is not mitigated; no presuppose claim is made that his drugs use is an admissible excuse to describe the intentional and make it just a mistake, for lack of full cognition and proper intent, this is contrary to what has been rooted in the research; both teams of religious scholars agree that punishment is necessary for him/her. For those who say that he/ she is under the legal age or they don't have a mental health, the punishment is merited by the causes and the speech of " wada' " not speech of “taklef”, for a rebuff and deter and for Public interest. Regarding the opinion of whome say he/she above the legal age and have a good mental health as well as speachable (mokhatab), did not make his/her mistake a rebuttle and reduced Suspicion, even his/ her guilt explained by intention or mistake; punishment is desirved; for justice and public interest. It is not logical to shed innocent blood people and the abuser is exempted because in this case there is an encouragement for drugs abusing as well as opened the door wide for criminals to take drugs before committing crimes; as drugs abuse gives them a cancellation of criminal responsibility. The availability of the element of victimization, and the harm to the integrity of the body of another person, is need of taking the responsibility and criminal liability.
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