Abstract

This research aimed to investigate the moral element of traffic crimes in the Palestinian legislation. It mainly identified the legal framework regulating the moral element of traffic crime in its two forms: criminal intent and unintentional error. The research defined criminal intent and its presence in traffic crimes in the legislation in force in Palestine. It also explained the idea of unintentional error and its forms in traffic crimes in the Palestinian legislation. The descriptive analytical approach was used, and the results revealed that the punishment for committing crimes is linked to the moral element. Moreover, the moral element in traffic crimes has two forms: the intentional form represented by criminal intent, and the unintentional form represented by an unintentional error. The forms of unintentional error are represented by lack of caution, negligence, and violation of laws and regulations. They are consistent with the criminal and punitive provisions contained in the Palestinian Traffic Law.

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