Reconsidering the Jordanian Legislative Approach to the Coercion and Criminal Accountability “Analytical Critical Study”

Abstract

This study aims to demonstrate the shortcomings of the legislative policy adopted by the Jordanian criminal legislator in addressing both physical and moral coercion. It examines the concept of coercion, its conditions and limitations, how it differs from other similar legal concepts, and its impact on the course of criminal proceedings in general.

The study follows a descriptive-analytical approach and reaches several conclusions, the most prominent of which is that the Jordanian legislator bases the provisions of criminal liability on awareness and perception. However, the legislative approach to addressing both types of coercion is flawed and subject to criticism.

The study offers several recommendations to the Jordanian legislator, including the need to reformulate the legal provisions regulating coercion. It recommends that moral coercion be treated as an obstacle to criminal responsibility, rather than merely as an obstacle to punishment. At the same time, it urges that physical coercion should be regarded as a justification that eliminates the criminal nature of the wrongful act.