Legal circumstances and excuses and their impact on the penalty for criminal participation in electronic banking crimes

Abstract

Circumstances are consequential legal elements that do not enter into the legal composition of the crime, nor do they affect its name. Rather, they define the description of the crime and ensure the distinction between it and other crimes bearing the same name and relying on the same elements. They only affect the seriousness of the crime or the amount of the penalty prescribed for it. If the circumstances affect the description of the crime, it is considered part of an assumed condition of it.. The original contribution is limited to the material perpetrators of the crime and the moral perpetrators. Thus, the original contributor takes two forms: the form of the original material contributor or the original moral contributor, since the material element cannot be achieved without the presence of a material or moral actor, and the Iraqi legislator clarified the effect of the application of aggravating material circumstances in that they apply to all contributors to the crime, whether an actor was or a partner who knows it or does not know it, Moroccan legislation applies aggravating material circumstances to all contributors, whether they are aware of them or not, but there is some criminal legislation that is different regarding that. Some of them believe that these circumstances do not apply to the partner unless he is aware of them, such as Algerian law. Others distinguish between the material circumstances available to the actor and the circumstances available to the partner. The former applies to all shareholders, while the latter applies to the partner only, not the actor, as they are circumstances. Specialized.