النتيجة المادية وغير المادية للجريمة: (قراءة جديدة للنتيجة الإجرامية)

Abstract

Some criminal law scientists have divided crimes according to their criminal results into material crimes and formal crime. The result in the first type of crime is material and it is formal in the second type. However, crimes have been also divided by other scientists into crimes of harm and crimes of danger. Accordingly, material crimes are considered as crimes of injury whereas formal crimes are considered as crimes of danger.
Each crime, however, lead to a criminal result. This result is invariably material whether it is described as a result of harm as in the case of a murder crime or as a result of danger in the case of a crime of shooting at the victim but not hitting him. To avoid such confusion, the researcher introduces a new classification of criminal results which, according to the researcher, should be approved by the jurists of criminal law. The new classification indicates that the criminal result is divided into material and non-material i.e. moral.
In addition, the researcher analyzes the sayings (proclamations) of the criminal law jurists about the criminal result to provide a precise description for it.
The study reached the result that crimes should be
divided according to their results into:
• material criminal result as in the most of the crimes including murder and theft.
• non-material result (moral or psychological) as in the crimes of defamation, insult, threats etc.
which affects the psychological state of the victim. Therefore, the researcher recommends that such classification should be used.
The researcher also recommended that criminal judges in Arab countries to investigate the moral consequences of the criminal result.