criminal lawyer in Jordan | crime in Jordan | Jordanian criminal law
criminal law in Jordan
Criminal law, as distinguished from civil law, is a system of laws concerned with crimes and the punishment of individuals who commit crimes. Thus, where in a civil case two parties dispute their rights, a criminal prosecution involves the government deciding whether to punish an individual for either an act or omission.
.A “crime” is any act or omission in violation of a law prohibiting said action or omission.
Elements of a Crime in Jordanian law
An individual commits a crime if they act in a way that fulfills every element of an offence. The statute establishing the offense also establishes the elements of the offense. In general, every crime involves three elements: first,
the act or conduct (actus reus); second, the individual’s mental state at the time of the act (men’s rea); and third, the causation between the act and the effect (typically either proximate causation or but-for causation). In a criminal prosecution, the government has the burden of proof to establish every element of a crime beyond a reasonable doubt
types of crime in Jordan
in Jordan criminal law we have three sections of crimes divided by the punishment for the crime that the code determined in which the first is a felony which conclude blood crimes and rape , the second one is misdemeanor and that conclude every other crime which punished with a weak to three years in jail, and the third one is infringement which punished with a weak in jail or fine or both.
Defenses in Jordanian courts
There are several defenses available to a defendant in a criminal prosecution in Jordanian criminal law. The following list illustrates some common defenses individuals rely on
Failure of Proof – an individual’s simplest defense in a criminal prosecution is to claim that the prosecution has not or cannot prove an element of the offense.
. Mistakes – in certain circumstances, an individual’s mistake can be used as a defense.
mistakes of law – a mistake regarding the legal status or effect of some situations mistake of fact – a mistake regarding the facts of some situation Justifications – these are complete defense.
self-defense: the use of force to protect oneself from an attempted injury by another.
defense of property: a person may use force to protect their property from a felony occurring within
defense of others: the right of a person to protect a third party with reasonable force against an assailant who seeks to inflict force upon the third party.
necessity: sometimes referred to as the “choice of evils,” the necessity defense allows an individual to engage in otherwise unlawful conduct if by doing so the individual avoids a greater harm.
duress: an individual may plead duress if another individual forced them to engage in the illegal conduct by force or threat of force.
intoxication: an individual who was involuntary intoxication can plead intoxication as a defense to every crime.
An individual who was voluntary intoxicated can plead intoxication as a defense only to crimes that require a specific mental state.
insanity: an insane individual cannot form the requisite mental state, and thus cannot be found guilty.
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