Criminal Law and Criminal Procedure
Criminal Law and Criminal Procedure tests both the elements of liability and the legality of the process. Palestinian criminal law is codified; the West Bank applies the Jordanian Penal Code No. 16 of 1960 and Criminal Procedure Law No. 9 of 1961, while Gaza has separate legislation.
Core rules
- Legality: no crime and no penalty without a pre-existing legal text; analogy cannot create offences.
- Actus reus plus mens rea; intent, knowledge and negligence are distinct.
- Attempt, aiding, abetting and conspiracy require conduct and a mental element.
- Defences include self-defence, necessity, duress, minority and mistake of fact.
- Procedure: arrest requires a legal ground; detention must be reviewed; the accused has rights to counsel and silence; the investigation file must be disclosed.
Worked example
A takes B's phone from a café table, genuinely believing it is his own identical phone. The physical taking is proved, but theft requires intent to deprive another unlawfully. Mistake of fact negates that intent, so the charge fails; the prosecution cannot rely on motive or negligence. If A later realises the mistake and keeps the phone, a new intent may arise.
Traps
Confusing motive with intent; treating a procedural breach as automatic acquittal unless prejudice is shown; missing detention-review deadlines; ignoring special juvenile rules.