THE MARITIME PIRACY IN JORDANIAN PENAL LEGISLATION COMPARATIVE STUDY
Main Article Content
This study addresses the crime of maritime piracy from the perspective of Jordanian penal legislation with the aim of scientific rooting of it, highlighting its legal structure, identifying the legal provisions that regulate it, and examining the problems that may be raised, in the light of the latest amendment to the Penal Code in 2022, according to which the legislator introduced the acts of maritime piracy to the scope of criminalization at the level of national penal legislation after it was a crime of an international nature. The study found that the Jordanian penal legislation has narrowed the objective scope of criminalization to limit the crime of piracy to acts of violence, detention, and robbery only, and has narrowed the personal scope of criminalization to include the crew and passengers of a ship or aircraft only, and also limited the existence of the crime on the need for a special intent with no indication of its nature and concept. It was found that this approach of the Jordanian penal legislator would create a gap and legislative ambiguity situation that can result in problems during practice. The study made some recommendations, the most important of which is the need for the Jordanian penal legislator to intervene at the earliest opportunity to expand the objective and personal scope of criminalization, in addition to the need not to adhere to the text with a special intent and to be satisfied with the presence of the general intent in the crime.