The Role of Probability in the Construction of Probabilistic Intent

Abstract

Abstract :

Criminal law is one of the philosophical laws that includes a vast amount of legal terms and theories that have gone through different stages. The idea of probability in criminal law is one of the difficult and controversial topics. Probability is a philosophical idea that derives its logical basis from philosophical theories and establishes the relationship between them and the nature of human behavior and legal logic. The theory of probability in philosophy and logic is the direction taken by legal scholars in criminal philosophy. The theory of criminal intent is one form of criminal intent based on integrating the theory of intent with the theory of probability and is one of the important theories in criminal law, especially for distinguishing between intentional and unintentional crimes and the basis of holding the offender criminally responsible. Considering that there is a psychological link between the offender and the crime's materials, and that the basis for criminalizing probabilistic intent is based on probability, it is one of the important and ambiguous topics where there are many theories proposed in this field to determine the relationship between them and probability. Also, the stance of Western jurisprudence and Arab countries differs, and although each faction of jurists has its justifications, the main goal remains the protection of rights and interests protected by the law and not allowing the offender to escape criminal responsibility.

Keywords: Criminal Law, Probability, Criminal Intent, Criminal Philosophy, Intentional Crimes, Unintentional Crimes, Criminal Liability.