The role of good faith in lifting punitive liability

Abstract

Since the perpetrator commits his crime in good faith، this necessitates understanding his status in relation to punishment. Therefore، researching the subject of good faith and its impact on lifting criminal liability is not an intellectual luxury، but rather a subject whose consequences cast a shadow over an aspect of punishment. This is a reality that no rational person doubts، and no stubborn person disputes. The subject is strongly connected to the current situation in which we live in all our Arab societies. It is no secret that many people commit an act while claiming that their act did not involve evil intent، and thus sinful intent. When a person's intentions become bad، they deviate from their judgment and decision، thus moving away from the realm of permissibility. However، difficulty arises in determining whether intentions are good or bad، since intentions are hidden deep within the soul and are not known to any creature except its owner. They are the subject of accountability and questioning before God Almighty، for He is the One who knows what is hidden within and what is concealed in hearts. In this regard، The law is forced to be satisfied with what appears to be the case، unable to reach the truth of the secrets. Based on this، many Arab legislations، such as Iraq، Saudi Arabia، Egypt، Algeria، Qatar، Kuwait، etc.، have been keen to pay great attention to the standard of good faith، in many fragmented places between the folds of the texts of civil، penal، commercial and international laws، because it is a broad principle. It is too great to be limited to a specific area and too broad to be returned prematurely. What concerns us now is its position in the penal code. The meaning of good faith، according to its legal perspective، is that it indicates the absence of a psychological desire to violate the law. Therefore، the topics of intent in the penal code revolve around the presence and absence of criminal intent، because intent is a will directed towards violating the provisions of the law. There is no doubt that good faith negates intentional responsibility، but it does not negate unintentional responsibility. In line with the above، a person’s good faith is closely linked to the moral element of the crime، specifically in the field of criminal intent and the elements of knowledge. And willpower، as all Arab criminal lawmakers have agreed upon until they stipulate it، is the primary factor influencing the principle of good faith. When the role of will in actions and behaviors is absent or weak، so too is the role of the principle of good faith، and vice versa.