ההחזקה בדיני העונשין

תקציר

Possession in criminal law is sorted as one of the forms of the Actus Reus and establishes the offences of possession which are known in most modern legal systems. Traditionally possession has been sorted as an exceptional type of Actus Reus, known as "state of affairs". As a result, a unique system of criminal law was developed in order to make the possession compatible to the formal criminal law principles, the law of possession. As time passed, the principles of criminal law were developed into their modern shape, and made the unique system of criminal law known as the law of possession unnecessary. Unfortunately, the law of possession has still been valid and it has caused very many incompatibilities in criminal law. In this article there shall be presented an alternative to this situation. According to this alternative, the possession is integrated in criminal law, and there is no necessary in any unique system in order to establish criminal liability in possession offences. This alternative is aimed to achieve uniformity in criminal law as a purpose. The full article has been published in 7 OAC L. J. 165 (2008)