Assumed condition and its position the legal description of crime - analytical study for the legal structure of crime

Abstract

The idea of ​​the presumed condition in a crime was and still is one of the most controversial and controversial topics in criminal law jurisprudence, which was not limited to one aspect of it, as is known in any controversial legal idea or topic, but rather extended to include the idea in all its details and particulars. Since the idea of ​​the existence of elements, requirements or factors, prior to or contemporary with the committed incident, was established in Italian jurisprudence, necessary in order to give it the description of a crime, it was called: (crime presumptions), but this name differed in German jurisprudence from French jurisprudence, and Arab jurisprudence has circulated multiple names to express the same idea, some of them expressed it as presumed elements, others called it presumed pillars, and others called it the presumed aspect of the crime, and other names, which express in their content the idea of ​​the existence of a legal center or element that precedes the occurrence of the crime or is contemporary with its commission, and the absence of that center or element results in the non-occurrence or realization of the crime.