نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکترای فقه و حقوق جزا، دانشگاه شهید مطهری تهران
2 دانشیار گروه آموزش الهیات دانشگاه فرهنگیان تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Sometimes, the victim himself also bears a share of the crime; Such a situation is called "participation in crime". Regarding how to distribute responsibility in cases of participation in crime, the legislator accepted some traces of guilt in 2013. However, the conflicting policy in other related laws led to the acceptance of share guarantee in all forms of reference relationship in the draft Penal Law of 2019. Therefore, in participation in the crime, if all the elements in the act of the parties are the same, the acceptance of the share guarantee requires that the guarantee is naturally divided equally between them. While it seems that even in the case of complete similarity of the act and the extent of their guilt, there are still differences between Jani and Majni aliyah (who has committed a crime). The current research points out that "accusing oneself of the crime" by an accused person, along with another person or persons, can have an effect on how responsibility is distributed?
کلیدواژهها [English]
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