The Criminal Responsibility of The Instigator of An Impossible Crime According To The Jordanian Penal Code.

Abstract

Crime is an ancient yet modern social phenomenon, influenced by numerous external factors, causing its incidence to fluctuate continuously. This study aims to explore how Jordanian legislators strive to strike a balance between protecting individual rights and social security. The significance of this study lies in the fact that crime, as a social phenomenon, not only negatively impacts individuals and society but also inflicts economic losses on the state; therefore, it must be addressed as a social problem. The current study seeks to clarify how Jordanian legislators have addressed the decriminalization of "impossible crimes" through explicit legal provisions in the Jordanian Penal Code. It also explores the extent to which instigators can bear criminal responsibility within the framework of "impossible crimes," and the lack of consensus among legal scholars regarding the types of these "crimes." One of the most important findings is that the Jordanian judiciary has adopted the concept of "relative essential impossibility," thereby excluding "legal impossibility," a position affirmed by the Jordanian Supreme Court in its ruling. A key recommendation for Jordanian legislators is to criminalize all forms of impossible crimes within the Jordanian Penal Code, regardless of whether these acts are legally or physically impossible