The Crime of Refusing

Discussion Committee: 
Dr . Fadi Shaded/supervisor
Dr. Ghassan Ellayan/external examiner
Dr. Na'el Taha/internal examiner
Dr . Fadi Shaded/supervisor
Shaker Mustafa Saed Bsharat
This study aims to learn about the crime of omission which harm the rights of others and threatening human and knowledge of their elements and some of the penalties imposed for offences to refrain from both the Jordanian Penal Code No. 16 of 1960 or the code of criminal procedure no. 3 of 2001 and also a Clarify whether or not dissuasive sanctions and clarify the shortened the seriousness of this crime on individuals and society to try to find a way or a mechanism for them because they are considered disabled in construction Psychological society and a barrier to taking pictures and individual selfishness and indifference and talked about the problems posed by this study which is a crime and elements and do not imagine getting a general problem was not what the legal nature of the crime of omission and for answers to this problem we follow the descriptive analytical . So we through our consideration to the subject of the crime of omission to clarify the difference between positive crime to which is done by the person to come out of the crime came into existence and the adverse crime by refraining any refrain from any act that may do to humans and this is the subject of my letter, I'm talked about the legal nature of the crime of omission of the subject of importance to clarify the mystery behind this crime and the nature of criminal conduct that characterizes the crime abstain positive crime A negative behavior which is different in nature from the positive behavior and discussed the concept and types of criminal behavior as well as doctrinal concepts to explain criminal behavior through the natural and we discussed the elements of the crime of omission through the material, moral and its pillars described elements of each corner and all this in chapter I to the letter . In the second chapter, we talked about the legal regime for the crime of omission by contributing to negative criminal and criminal liability for taken up an act of others contributing original negative and contribute to negative dependency and clarify views denying the existence of dependency and negative contribution views acknowledge contributing to negative dependency and talked about the basis and conditions for criminal liability for Act of others as well as addressing the scope of criminal responsibility and the unintentional & intentional crimes and ended our mission in chapter III, dealing with the crime of omission and clarify photos these photos and the possibility of launching and removes specified By mystery shrouded the crime of omission of risk to individuals and society We talked in the same chapter of some applications for the crime of omission such as refraining from selling a commodity priced or refrain from advertising as well as to refrain from providing assistance with the doctor to meet the patient and other applications for this crime and we have a lengthy search for the terms of Palestinian courts have not been able to get only One provision from Nablus Magistrate's court is which attached in this message and we talked in this message about the results we gathered her through this modest research which Explained to us the crime abstain better . And we have the ability to distinguish between them and the positive crime that there should be clear provisions on crimes of omission as well as emphasis on penalties for such crimes until no one of impunity as well as prosecutors move and accept failure as the crime complaint complaints on the subject of crime of omission little to our several Palestinian courts and couldn't find the special provisions in the crimes of omission .
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