Criminal responsibility arising from violations of the constitution in the republican and monarchy systems (a comparative study)

The Penal Code has established a general principle according to which a natural person is held responsible for the criminal act he committed, unless there is an impediment to criminal liability against him, and that legal persons are criminally responsible for the crimes committed by their representatives, directors, or agents on their behalf or in their name, and they are sentenced to a fine, confiscation and the measures established for the crime This does not prevent the court from punishing the perpetrator personally with the punishment prescribed for the crime in the law at the same time.

The constitution is one of the general rules that regulate the affairs of the ruling authority of the state, and the function of the constitution is to show and clarify the rules and define the powers of the ruling authority with a form of legal decisions or rules. And since the legal rules arise from the founding authority (the constituent authority), which is the supreme authority, and therefore, naturally, these rules are mandatory.

Accordingly, the exercise of power by the head of state is subject to the constitutional rules to clarify the substantive and formal provisions that must be taken into account in carrying out his duties as head of state or as king over it.

Based on this, legislators of positive constitutions authorize legal procedures to accuse and prosecute the head of state in the event of a breach or violation of the rules contained therein that determine the scope of the exercise of power.

Although the constitutions provided for the accountability of the head of state or the king in the event of a violation of the constitution, the implementation of the accountability system faces several problems. Therefore, this research follows the issue of violating the constitution attributed to the head of state in the republican state and the violation of the constitution that is attributed to the monarchy. Therefore, the methodology of the analytical rationalization study compares the republican system and the monarchy system with reference to some constitutional models according to the requirements of the research axes.