Criminal liability

Reading various penal texts

Abstract

Criminal responsibility is the backbone of the criminal system, as it is the link between its procedural and substantive parts. If a person enjoys criminal responsibility, he can be blamed, and thus he can be tried and punished. Here, the criminal law changes from a state of rest to a state of movement.

 The basis of criminal responsibility is the availability of the powers of feeling and will, so criminal responsibility is linked to them. If the power of feeling and will is complete, then criminal responsibility is complete, and if it is diminished, it decreases and is diminished by its absence.

 One of the topics that has sparked widespread controversy in criminal liability is the criminal responsibility of a legal person, and the truth is that he can be held criminally accountable, provided that special penalties are imposed on him that are an alternative to the traditional penalties known by the criminal law, as the latter were designed to deter human beings and confront their criminai danger.

 Also, one of the problems that arises regarding our penal legislation in our beloved country, Libya, is criminal liability of border crimes, as according to the recent amendments to the border ligislation, the legislator no longer requires that the offender be eighteen years of age, but rather is satisfied with only reaching puberty, regardless of the age Of the offender, and this the amendments resulted in a conflict regarding hudud crimis committes by juveniles between regular courts and juvenile courts. what is worse is that they resulted in a violation of the principle of equality in punishment. one of the consequences of the amendment was that it violated the objectives of the criminal Penalty.