The comprehensive on crimes of the private oath in the Penal Code, two volumes, by Dr. Samir Alia

The comprehensive crimes of the special oath in the Penal Code Author: Samir Alia Classification: Criminal Year of issuance: 2022 ISBN: 9786144014882 Book details Number of volumes: 2 Edition number: 1 Binding type: Hard cover Number of pages: 1128 Size: 17*24 Paper type: White Printing colors: Black and white Book content - Part One - Crimes harmful to public interest, honor, morals, ethics, freedom, and dignity Introduction: The nature of crimes of the special oath Part One: Crimes harmful to public interest Chapter One: Crimes that violate duties of office Section One: Crimes of bribery in the public and private sectors Subsection One: Bribery crimes in the public sector First requirement: The crime of complete bribery in the public sector (Articles 351/352 of the Penal Code) First branch: The nature of the crime Second branch: Presumptions of bribery in the public sector First presumption: The prerequisite for bribery is the presence of the public official character in the briber Second presumption: The physical element of bribery Element One: The criminal conduct Element Two: The subject of the bribe (benefit or promise thereof) Element Three: The cause of the bribe (performing a job action) Third presumption: The moral element of bribery (general intent) Third branch: Penalty for bribery in the public sector in its two forms Second requirement: The crime of offering a failed bribe (Article 355 of the Penal Code) First branch: The elements of the crime of offering a bribe Second branch: Penalty for offering a failed bribe Third requirement: The crime of accepting a reward for previous work (Article 356 of the Penal Code) Subsection Two: Bribery in the private sector Chapter Two: Crime of influence peddling (Articles 357/358 of the Penal Code) - Influence peddling - Peddling from a person or lawyer Chapter Three: Embezzlement of public money and exploitation of office First subsection: Embezzlement of entrusted money (simple and aggravated forms) Second subsection: Exploitation of public office First requirement: Forcing others to pay unjust taxes or to be exempted from them (Articles 361/362 of the Penal Code) Second requirement: Exploiting contractors of state projects (Article 363 of the Penal Code) First branch: Contractors' breach of obligations (Articles 363/1) Second branch: Obstruction in implementing state projects (Articles 363/2) Third branch: Collusion to corrupt the tender process (Articles 363/3) Fourth branch: Employee's consideration of a team in the bid or neglect of duty (Article 363/4) Fifth branch: Providing contractors with rotten or unfit materials (Article 363/5) Third requirement: Benefiting from the office and trading in essential needs First branch: Personal benefit from the office (Articles 364) Second branch: Public authority officials trading in essential needs Part Two: Crimes affecting trust and morals Chapter One: Forgery of seals, marks, currency, public documents, and stamps First subsection: Forgery of state seals, marks, and stamps and use of the forger First requirement: The content of the texts Second requirement: Presumptions of crimes Second subsection: Counterfeiting currency and public documents and related crimes First: Counterfeiting currency and bank documents, their forgery, promotion, and introduction First precondition: The subject is currency or a public bank document Second: The physical and moral elements of forgery, counterfeiting, promotion, and introduction Third: Penalties for these forms and exemption from them Second: Crimes related to counterfeiting and forgery of currency and bank documents Chapter Two: Forgery of documents and their use (forgery in documents and their use) First subsection: Forgery in documents First requirement: The nature of forgery and the damage involved Second requirement: Presumptions and elements of forgery First: The prerequisite that the subject is a document Second: The physical element of forgery First: Criminal conduct of altering the truth Second: Means of forgery (methods of forgery) First paragraph: Physical forgery and its methods Second paragraph: Moral forgery and its methods Third branch: The moral element of forgery Third requirement: Types of forgery First: Criminal forgery in official documents by an employee or others First: Forgery by the authorized employee Second: Forgery in official documents by individuals Second: Misdemeanor forgery in private documents Third: Forgery of electronically processed information Fourth: Forms of mitigated forgery Second subsection: Crime of using forged documents Part Two: Crimes affecting honor, morals, and public decency Introduction and division: Chapter One: Crimes of honor and morals Introduction and division First section: Crimes of dishonor (illegal sexual conduct) (first) - Meaning of dishonor (a) - linguistic meaning (b) - legal meaning (second) - List of assault crimes on honor First subsection: Crimes of rape of females First requirement: Definition of rape (first) - Definition and forms of rape (second) - Rationale for criminalization Second requirement: Elements and penalties of rape crimes Introduction and division First: Common general elements in rape crimes Introduction (first) - The prerequisite: sexual contact between a man and a woman (second) - The physical element and attempt in the crime (a) - The complete physical element: Forced sexual intercourse with a woman unlawfully (1) - Meaning of the act of intercourse (2) - Illegality of intercourse (3) - Lack of consent (3/1) - Its nature (3/2) - Cases of lack of consent First: Lack of consent by coercion (Article 503 of the Penal Code) Second: Lack of consent due to illness and deception (Article 504) Third: Lack of consent among minors (Article 505) Fourth: Lack of consent of the minor subject to the perpetrator's authority or influence (Article 506) (b): Attempt in rape (attempt) (third) - The moral element in rape Second: Penalties for forms of rape (first) - Penalties for ordinary rape (1) - Forcible rape of a non-spouse (2) - Rape of a patient or through deception (3) - Rape of minors (4) - Rape of relatives and those with authority (second) - Aggravating circumstances of rape Second section: Immorality with females and males (indecent assault) (first) - Definition of immorality and its forms (second) - Division of the subsection Requirement one: Common elements of immorality forms First branch: The common physical element of immorality - Introduction (first) - The act of indecency (a) - Forms of indecency (1) - Extending to the body (2) - Gross violation of modesty (second) - The second element: Illegality of the act (third) - The third element: Lack of consent (a) - Its nature (b) - Forms of lack of consent (1) - Coercion by violence and threats (2) - Physical and mental illness and trickery (3) - Lack of discrimination among minors (4) - Subjection of the minor to influence, authority, or service (c) - Attempt in immorality (attempt) Second: The moral element in immorality (first) - Availability of general criminal intent (second) - Lack of regard for motives Requirement two: Penalties for forms of immorality (first) - Ordinary penalties (second) - Aggravating circumstances Requirement three: Justifications and defenses in immorality Third: Kidnapping for marriage or fornication Introduction and division First requirement: Common rules for kidnapping forms Introduction First branch: The nature of the crime of kidnapping affecting honor (first) - Definition of kidnapping in general (second) - Rationale for criminalization (third) - Nature of the crime Second branch: The physical element of the two forms of kidnapping: forced and normal (first) - The act of kidnapping (second) - Committing kidnapping of an adult and minor (a) - Kidnapping of an adult through deception and violence (b) - Kidnapping of a minor without requiring a means - The general criminal intent (first) - The motives for kidnapping - The mitigating circumstances of kidnapping Requirement two: Specific rules for kidnapping forms Introduction (first): Different subject matter of the crime (second) - Different status of the victim (third) - Different specific intent (fourth) - Penalties for kidnapping forms Fourth: Enticement and indecency and breaking into women’s places Introduction and division First requirement: Enticement by promise of marriage First: The nature of the crime (first) - Definition of the crime (second) - Rationale for criminalization Second: Elements of the crime of enticement Introduction (first) - The prerequisite: The victim's character: a virgin female (a) - Meaning of female (b) - Meaning of virgin (second) - The physical element of the crime (a) - Enticement coinciding with acceptance (1) - Enticement by promise of marriage (2) - Acceptance of cohabitation (b) - Breaking the virginity (third) - The moral element of the crime of enticement (fourth) - Proof of the crime (fifth) - Penalties and suspension of prosecution and judgment Second requirement: Indecency (the act that violates private modesty) Introduction (first) - The nature of the crime (second) - Presumptions of the crime (a) - The prerequisite: Public indecency acts (b) - The physical and moral elements (1) - The physical act of indecency (a) - The act of indecency (second) - The moral element: general intent (third) - Justifications and defenses in the crime (fourth) - Penalty Third requirement: Breaking into women’s places by disguise (first) - The nature of the crime (second) - Presumptions of the crime (a) - The prerequisite: Disguise in a woman’s attire (b) - The physical and moral elements (third) - Penalty Chapter Two: Crimes of immorality and exposure to morals and indecency Introduction and division: First subsection: Crimes of immorality Introduction and division First requirement: Inciting immorality and clandestine prostitution First: The nature of the crime (first) - Definition of the crime (second) - Rationale for criminalization Second: Promoting the crime of inciting immorality Introduction (first) - The prerequisites: The victim's character: a minor (a) - Meaning of minor (b) - The physical element of the crime (a) - Incitement coinciding with acceptance (1) - Incitement by promise of marriage (2) - Acceptance of cohabitation (b) - Breaking the virginity (third) - The moral element of incitement (fourth) - Proof of the crime (fifth) - Penalties and suspension of prosecution and judgment Second requirement: Facilitating prostitution secretly The first subsection: The nature of the crime (first) - Definition of the crime (second) - Presumptions of the crime (a) - The prerequisite: Woman as the perpetrator (b) - The physical and moral elements (1) - The physical act of facilitating prostitution (a) - Facilitating prostitution (second) - Making it easier for prostitution (b) - Making it easier for prostitution (second) - The penalties Second subsection: Crimes related to committing immorality and prostitution First: Inducing others to immorality (first) - List of related crimes Second: Penalties for related crimes Third: Common rules for crimes of immorality and prostitution First: Penalties for attempted crimes under Articles 522 to 525 Second: Aggravating circumstances of penalties Third: Judgments involving precautionary measures Chapter Two: Public exposure to morals and indecency (the act that violates public decency) Introduction and division First requirement: Public exposure to morals by shameful acts (first) - The nature of the crime (second) - Presumptions of the crime (a) - The prerequisite: Public acts of indecency (b) - The physical and moral elements (1) - The act of indecency (a) - The act of indecency (second) - The moral element: general intent (third) - Justifications and defenses in the crime (fourth) - Penalty (fifth) - Multiple moral aspects with the crime Second requirement: Public exposure to morals by words, writings, and shameful images (first) - The nature of the crime (second) - Presumptions of the crime (a) - The prerequisite: Publicity of words, writings, and images (b) - The physical and moral elements (1) - The physical act (a) - The act of indecency (second) - The moral element: general intent (third) - Penalty Third requirement: Dealing with indecent objects (first) - The nature of the crime (second) - Presumptions of the crime (a) - The prerequisite: Indecent objects (b) - The physical and moral elements (1) - The physical object (a) - The act of indecency (second) - The moral element: general intent (third) - Penalty Chapter Three: Exploiting minors in pornographic materials First requirement: Definition of crimes of exploiting minors pornographically - The nature of the crime (second) - Presumptions of these crimes in general (a) - The prerequisite (b) - Pornographic material Second: Forms of crimes of exploiting minors pornographically - Producing pornographic materials for minors (second) - Dealing with pornographic materials for minors (third) - Habitual collection, display, or possession of pornographic materials for minors Chapter Four: Engaging in unnatural sexual acts (homosexuality) (first) - The nature of the crime (second) - Presumptions of the crime (a) - The prerequisite: Homosexuality between two persons of the same sex (b) - The physical and moral elements (third) - Penalty Part Two: Crimes affecting personal freedom and honor Introduction and division: First section: Deprivation of personal freedom (detention and kidnapping) First subsection: The nature of the crime of deprivation of freedom First requirement: Definition of the crime (first) - The definition of the crime (second) - Presumptions of the crime (a) - The prerequisite: Personal freedom (b) - The physical element (c) - The moral element (third) - Penalty Second: Aggravating and mitigating circumstances in deprivation of freedom First: Aggravating circumstances (second) Second: Mitigating circumstances Chapter Two: Breaking into homes (violating the sanctity of residence and private property) Introduction and division First prerequisite: Common prerequisite: the residence and private place Content of the text (first) - Sanctity of the home and its annexes and private places (second) - The residence or private place is in the possession of others Second: Common elements of the crimes of breaking into sanctuaries (first) - The physical element: entering or remaining without consent (a) - Entering or remaining (b) - Lack of consent (second) - The moral element (third) - Penalty for each form and prosecution (a) - Penalty for Article 571 crimes and aggravating circumstances (b) - Penalty for Article 572 crimes and prosecution Chapter Three: Threatening Introduction and division First subsection: Common rules for threats First requirement: Unified prerequisite: intimidation by evil (first) - The meaning of threat (second) - Rationale for criminalization Second: Unified moral element (first) - Sufficient to have general intent (second) - No effect of motives Second: Forms of the crime of threat First: Threatening with a weapon and using it (first) - The nature of the crime (second) - Presumptions of the crime (a) - Threatening with a weapon (b) - Using a firearm (third) - Penalty Second: Threatening to commit a crime (first) - Threatening to commit a serious crime (Article 574) (a) - The nature of the crime (b) - Presumptions of the crime (1) - Threatening to commit a serious felony (2) - Threatening in writing or through a third party (3) - Coupling threat with command to act or abstain (c) - Penalty (second) - Threatening to commit a serious crime without command or verbally (Article 575) (a) - The nature of the crime (b) - Presumptions of the crime (c) - Penalty (third) - Threatening to commit a medium-risk felony (Article 576) (fourth) - Threatening to commit a misdemeanor (Article 577) (fifth) - Verbal or public threat of harm (Article 578) Chapter Four: Crime of revealing official or professional secrets First requirement: The nature of the crime (first) - Content of the text and rationale for criminalization (second) - Presumptions of the crime (a) - The prerequisite: Official or professional secret and the trusted persons (b) - The physical and moral elements Second: Forms of revealing secrets (first) - Revealing by postal and communication employees (second) - Revealing secrets obtained through deception Third: Justifications for revealing secrets Introduction (first) - Obligation to keep secrets outweighs testimony (second) - Legitimate defense and necessity justify revealing (third) - Law enforcement and authority orders justify revealing (fourth) - Victim’s consent to reveal the secret (fifth) - Defense before the judiciary justifies revealing Chapter Five: Defamation, slander, and contempt (insulting honor / crimes of opinion) First subsection: Unpublicized defamation (defamation) (first) - The nature of the crime (second) - Presumptions of the crime (a) - The prerequisite: Public defamation (1) - The meaning of publicity (2) - Means and methods of expressing publicly (2/1) - The perpetrator’s use of public means (2/2) - Resorting to public expression a - Acts and movements b - Speech or shouting c - Writing, drawings, images, and related media d - Radio, television, and electronic broadcasting e - Reporting and complaints Second: The physical element of defamation (first) - Attributing or ascribing a specific defect to a person (second) - The subject of defamation: identifying the defect and the person (second/1) - The importance of identification (second/2) - If the attribution is true, it warrants punishment or contempt (third) - The moral element of defamation (third) - Penalty for defamation (first) - Penalty for ordinary defamation (second) - Penalty for defamation against persons with public attributes (third) Fourth: Justifications and defenses for defamation Second subsection: Public slander (insult) (first) - The nature of the crime (second) - Presumptions of the crime (a) - The prerequisite: Public insult (1) - The meaning of publicity (2) - Means and methods of expressing publicly (2/1) - The perpetrator’s use of public means (2/2) - Resorting to public expression a - Acts and movements b - Speech or shouting c - Writing, drawings, images, and related media d - Radio, television, and electronic broadcasting e - Reporting and complaints Second: The physical element of insult (first) - Attributing or ascribing a specific defect to a person (second) - The subject of insult: identifying the defect and the person (second/1) - The importance of identification (second/2) - If the attribution is true, it warrants punishment or contempt (third) - The moral element of insult (third) - Penalty for insult (first) - Penalty for ordinary insult (second) - Penalty for insult against persons with public attributes (third) Fourth: Justifications and defenses for insult Third subsection: Disrespecting officials and persons with public attributes (insulting officials) - The nature of the crime (first) - Presumptions of the crime (a) - The prerequisite: The person’s official or public attribute (b) - The physical and moral elements Fourth: Causes of justification and responsibility barriers - The obligation to keep secrets outweighs testimony (first) - Legitimate defense and necessity justify revealing (second) - Law enforcement and authority orders justify revealing (third) - Victim’s consent to reveal the secret (fourth) - Defense before the judiciary justifies revealing Part Two - Crimes against persons and property Introduction and division: First Chapter: Crimes against persons Section One: Crimes of homicide (intentional and accidental) First subsection: General rules in homicide crimes Branch One: Definition of homicide Second branch: Common rules in homicide crimes (subject of the crime and physical element) First: The subject of homicide (a) - Being a living human as a presumed element (a) - The necessity of the victim being alive and different from the perpetrator (1) - Protection of the right to life: its beginning and end (2) - The necessity of the victim being different from the perpetrator Second: The physical element of homicide (a) - The concept of the lethal physical element (b) - Elements of the physical element in homicide (1) - The criminal conduct (1/1) - Active killing (act) (1/2) - Omitting or leaving (2) - The criminal result: causing death (3) - Causal link Second subsection: Types of intentional and accidental homicide (based on the form of the moral element) Introduction First: Intentional homicide First: The nature of intent in homicide (a) - Definition of criminal intent and its elements (b) - Types of intent in homicide (c) - Proving intent in homicide (d) - Penalty and attempt Second: The two categories of intentional homicide (a) - Penalties for aggravated ordinary homicide (1) - Cases of life imprisonment 1 - Killing for a vile reason 2 - Killing to obtain a benefit from a misdemeanor 3 - Killing with mutilation of the corpse 4 - Killing a minor under fifteen 5 - Killing two or more persons (2) - Cases of capital punishment 1 - Premeditated murder 2 - Murder as a means of committing a felony or misdemeanor or enabling escape 3 - Killing of an ancestor or descendant 4 - Killing through torture or brutality 5 - Killing a public official 6 - Killing for sectarian reasons 7 - Killing using explosives 8 - Killing to conceal or escape from a felony or misdemeanor Second: Aggravated murder (lesser penalties) 1 - Causing death by beating 2 - Killing a mother to avoid shame 3 - Killing by mercy upon insistence of the victim 4 - Killing during a quarrel 5 - Killing due to multiple causes Third: Justifications and reasons for exemption from criminal responsibility in homicide (first) - Legal justifications for killing (a) - Excluding the victim’s consent from justification (b) - Enforcing law and government orders (c) - Self-defense (d) - Killing during wartime with another state Second: Barriers to criminal responsibility in homicide 1 - Material mistake in the act 2 - Force majeure a - Killing by coercion of others b - Necessity requiring killing c - Committing murder by a lunatic d - Killing under the influence of alcohol or drugs (accidental or coercive) e - Killing by a child under seven years old Second subsection: Unintentional homicide First: Causing death by mistake (ordinary) Second: Causing death by mistake with reduced penalty Third: Causing death by mistake with increased penalty Chapter Two: Crimes of assault First subsection: Common rules in assault crimes Branch One: Subject and physical element Branch Two: Moral element of assault in general Branch Three: Completion of assault Second subsection: Types of assault crimes (intentional and accidental) First: Penalties for intentional assault (a) - Simple assault (up to ten days) (b) - Aggravated assault (1) - Assault with increased penalty for result (2) - Assault with serious disfigurement or permanent disability (c) - Assault causing severe injury or permanent disability (d) - Assault causing miscarriage (e) - Assault during a quarrel (f) - Assault resulting from multiple causes Second: Causes for justification and responsibility barriers in assault First: Legal justifications (a) - Right to discipline non-violently (b) - Doctor’s right to perform surgeries and prescribe treatments (c) - Acts of violence during sports (d) - Victim’s consent to minor injury (e) - Self-defense (f) - Defense of public authority officials Second: Responsibility barriers (a) - Material mistake (b) - Force majeure (c) - Necessity (d) - Insanity (e) - Accidental intoxication Third: Types of accidental assault First: Simple accidental assault Second: Aggravated accidental assault with increased penalty Third: Reduced penalty for accidental assault