Document Type : scientific
Authors
1
PhD Student in Jurisprudence and Criminal Law, Shahid Motahari University, Tehran, Iran.
2
Associate Professor, Department of Theology Education, Farhangian University, Tehran, Iran.
Abstract
In some instances of involvement in a crime, the victim themselves also plays a role in the occurrence of the crime, such that they are both a perpetrator and a victim. This situation, termed "participation in crime," is referred to in Articles 526 and 527 of the 1392Sh Islamic Penal Code, where the legislator has, in a way, accepted comparative fault. Subsequently, in the 1399SH draft bill, the theory of proportional liability has been accepted more broadly. However, it seems that even if their actions and degree of fault are completely similar, differences still exist between the perpetrator and the victim (who has committed a crime against themselves). Therefore, the research question is: Can the "infliction of crime upon oneself" by the victim alongside the perpetrator(s) affect how responsibility is distributed? In other words, in the case of participation in crime, if the degree of fault of the parties is equal, should the liability (ḍamān) be divided equally, or, given that one of them has committed a crime against themselves and the other against someone else, are they subject to different levels of responsibility? The placement of these articles in the Penal Code under the title "Causes of Liability" links it to civil liability, and specifically in the case of participation in crime, it becomes connected to the "Theory of Symmetrical Interaction," which considers the role of the victim. Based on the findings of this research, the act of committing the crime by the victim has characteristics that, from the perspective of economic approaches to crime including cost-benefit logic, the level of blameworthiness from the viewpoint of ethical theories, the perpetrator's motives, the degree of fault based on endangering oneself or others, and similar factors affect the determination of the degree of fault.
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