أركان الجريمة في القانون المغربي

أركان الجريمة في القانون المغربي 
إعداد الطالبة الجامعية “فاطمة الزهراء السملالي
الجريمة مبدئيا هي كل فعل أو إمتناع صادر عن إرادة جنائية، يحظره القانون الجنائي ويعاقب عليه، بسبب ما يحدثه من إضطراب إجتماعي.
لكن الجريمة لا تقوم إلا إذا توافرت أركانها، التي تنقسم إلى ثلاثة، الأول هو الركن القانوني، أما بالنسبة للثاني هو الركن المادي، والثالث والأخير هو الركن المعنوي.
وعليه، ماهي هاته الأركان الثلاثة التي تتأسس عليها الأفعال المحضورة جنائيا؟ وعلى ماذا تقوم في وجودها بالأساس؟ من أجل تصور مدى قيامها مبدئيا، ويصح وصفها بالجرائم بمنطق القانون الجنائي.
( هذا ما سنحاول معرفته بالتفصيل، من خلال هاته المحاولة المتواضعة )
أولا: بالنسبة للركن القانوني
يعرف أيضا بالركن الشرعي، ومؤداه أن أي تصرف صادر من الفرد لا يكتسب صفة الجريمة، إلا إذا خضع لنص يجرمه ويعاقب عليه القانون الجنائي، حتى ولو أضر بالغير، شريطة ألا يخضع في ظروف ارتكابه لسبب من أسباب التبرير أو الإباحة.
مقطع فيديو يتضمن أركان الجريمة الالكترونية في القانون المغربي 
وهذا المبدأ مشهور أيضاً وهو النعبر عنه بمبدأ شرعية التجريم والعقاب، أو ما يصطلح عليه في المجال القانوني بمبدأ ” لا جريمة ولا عقوبة إلا بنص ”
وقد نال هذا المبدأ إهتماما بالغا جعله يكتسب صفة العالمية، بحيث تأكد عليه جل إن لم نقل كل التشريعات الجنائية الحديثة، ونظرا لما يكتسيه -هذا المبدأ- من قيمة تشريعية، فبالنسبة للمغرب فقد تصدر قمة الهرم التشريعي، حيث ينص الدستور المغربي لسنة 2011 على غرار الدساتير السابقة، على أنه ” لا يلقى القبض على أحد ولا يعتقل ولا يعاقب إلا في الأحوال وحسب الإجراءات المنصوص عليها في القانون ”
هذا إلى جانب أنه تم تكريس هذا المبدأ عبر مجموعة من المواثيق الدولية والإعلانات العالمية، لعل من أبرزها الإعلان العالمي لحقوق الإنسان لسنة 1948.
كما لا يفوتنا بالتنبيه والتأكيد إلى شريعتنا الإسلامية كان لها السبق في التأكيد على هذا المبدأ، قبل إنتشاره في القوانين الجنائية الأوربية وخاصة إيطاليا، التي إستوحته من القوانين التي إستحدثتها الإمبراطورية العثمانية إعتمادا على مبادئ الشريعة الإسلامية.
ثانيا: بالنسبة الركن المادي
يمثل هذا الركن الوجه الخارجي الظاهر للجريمة، وبه يتحقق الإعتداء على المصلحة المحمية جنائيا، كما عن طريقه تقع الأعمال التنفيدية للجريمة.
وعليه، فإن المشرع الجنائي لما يتدخل لحماية حرمة معينة تجريما وعقايا، مثلا: حماية الجسد أو المال أو الكرامة، فإنه لا يعتد إلا بالأفعال المادية التي تشكل عدوانا ظاهرا على المصالح أو الحقوق المشمولة، أما مجرد النوايا والأفكار المستترة في النفس والذهن، فإن القانون الجنائي لا يمكن أن يعاقب عليها مالم تتجسد على أرض الواقع في أعمال خارجية ظاهرة للعيان وللبيان، لتتخد صورة الركن المادي للجريمة.
ومن أجل أن تكون الجريمة مكتملة فلابد من توافر الركن المادي على عناصر مهمة وهي:
1- النشاط الإجرامي
هو عنصر مهم وضروري في تكوين الجريمة، يتخد عامة صورة فعل إيجابي مثلا كالضرب أو الجرح، أو سلبي كامتناع عن تقديم مساعدة أو القيام بفعل يستلزمه القانون مثلا كالتبليغ بجريمة، ويتحقق الشكل الأول بكل حركة عضوية إرادية تصدر عن الجاني، يترتب عليها نتيجة يعاقب عليها القانون، مثل كاستعمال المجرم يده ليقتل أو يسرق ضحيته أو غير ذلك من الأفعال الإيجابية الكثيرة.
أما الصورة الثانية، التي هي النشاط الإجرامي السلبي، فيتحقق من خلال الإمتناع عن تأدية واجب يفرضه القانون، ويقرر فضلا عن ذلك عقابا على عدم إتيانه.
2- النتيجة الإجرامية
وهي الأثر الذي ينتج عن إتيان السلوك الإجرامي سواء كان كما قلنا فعلا أو امتناعا.
3- العلاقة السببية بين النشاط الإجرامي والنتيجة الإجرامية
يعني ضرورة وجود علاقة سببية بين الفعل الإجرامي والنتيجة المحدثة، بحيث لا يكتمل الركن المادي إلا بوجود هذا الشرط أيضا.
ثالثا: بالنسبة الركن المعنوي للجريمة
كما هو معلوم فإن الجريمة ليست كيانا ماديا أو شرعيا وحسب، و إنما هي كيان معنوي وذهني أيضا، ولذلك طبعا لن يكتمل الوجود القانوني للجريمة إلا باقتران ركنها المادي بقرينه المعنوي، الذي قوامه الإرادة المجرمة والتي تتجه نحو الفعل الإجرامي، وبالتالي تحقيق النتيجة الإجرامية.
وهاته الإرادة تتخد شكل صورتين:
1- إما تتخد صورة قصد جنائي
هي التي تتجسد في الجرائم العمدية، مثلا كالقتل العمد مع سبق الإصرار وأو الترصد، أو الضرب والجرح العمديين، أو السرقة وغيرها كثير.
2- أو تتخد صورة الخطأ الجنائي
كفعل تكون معه الجريمة غير عمدية، وبالتالي، لا تكون النتيجة الاجرامية من السلوك الواقع متوقعة من الشخص المسؤول، ومثاله القتل الخطأ، أو الضرب والجرح الخطأ، وهي صور قليلة عامة مقارنة بغيرها من الأشكال الواقعية.
وهذا الركن لا يكتمل إلا توفر مجموعة من عناصره، التي هي:
العلم:
والذي مؤداه إحاطة المجرم بالعناصر اللازمة لقيام الجريمة قانونيا.
الإرادة:
التي تشكل عنصرا جوهري للقصد الجنائي، بحيث تكون هي المحرك أو الموجه نحو إتيان السلوك الإجرامي، هذا فيما يخص الجرائم الغير عمدية، لكن فيما يخص الجرائم العمدية، فإنها عموما تنصب على كل من السلوك الإجرامي والنتيجة الإجرامية معا، حيث تكون مبدئيا الإرادة هي الدافع والباعث إلى إرتكاب جريمة ما.

إقرأ أيضا :  معايير الانتقاء الأولي وكيفية إجراء مباراة ولوج الدورة العادية للمعهد الملكي للإدارة الترابية "قـــيـــاد متدربين"

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