Date of Award

6-2017

Document Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Abstract

This dissertation discusses mens rea as an element of a crime. The main goal of this study is to improve the legislative wording in Qatari Penal Code regarding mens rea. This dissertation discusses the legislative wording of mens rea and the vital role that it plays in the formation of the mens rea element in criminal law. This study seeks to determine whether the legislative wording contributes to the ambiguity of mens rea, thereby adversely affecting criminal justice.

This dissertation is divided into two parts. The first part deals with criminal mens rea in general and tracks its history and its definition of and relationship to other doctrines. The second part is a comparative study between two different countries’ legal systems—the U.S. and Qatar—regarding the legislative wording of mens rea and the issues surrounding it. This comparative study will show the reader how different legislative systems draft mens rea differently, the types of mens rea in each country’s legal system, and the different aspects of dealing with it. In conclusion, this study offers recommendations for the Qatari Penal Code to improve its approach to mens rea.

Available for download on Friday, June 12, 2020

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