نوع مقاله : مقاله پژوهشی
نویسنده
دکتری فقه و مبانی حقوق اسلامی، دانشگاه آزاد اسلامی واحد تهران مرکزی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The principle is personal responsibility; No one bears the burden of another's sins. However, in all the civilized legal systems of the world, including America and Iran, in some cases, this principle is deviated from. Whenever someone helps someone else in committing the material element of the crime or causes the crime to occur, even though the specific person or the facilitator does not have a role in committing the material element of the crime, due to the causation of the crime, he is liable to punishment. In the instrumentalist American legal system, the deputy is punished as the mastermind of the crime. Although this is justifiable from the point of view of deterrence, it is against the standards of criminal justice. In Iran's legal system, based on adherence to the principles of criminal justice, the punishment of the deputy is lower than the punishment of the supervisor, which is weak in terms of deterrence, at least in some cases, but seems more consistent with the principles of criminal justice. Based on this difference, it seems that in the two systems, the concept, nature, territory, conditions, and effects of aiding and abetting crime in American and Iranian laws have fundamental differences. The question of the current research is how the analysis of the criminal deputy is done based on the principles of criminal law, especially instrumentalism. In this article, while answering this problem in an analytical-descriptive way, it has been suggested that by applying some criteria, it would distance itself from the excesses in America and Iran, so that in addition to the realization of criminal justice, other ideals and goals such as deterrence be realized
کلیدواژهها [English]
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