critical study of the credit approach to complicity

Document Type : Research Paper

Authors

1 international campus, Shiraz, Iran

2 criminal and criminology law.law faculty. Shiraz University.Shiraz.Iran

3 criminal and criminology law.law faculty.Shiraz University.Shiraz.Iran.

10.22099/jls.2024.49226.5094

Abstract

Complicity is one of the forms of cooperation in committing a crime and paying attention to its nature can clarify its difference with other concepts such as aiding and abetting in a crime. Some have considered complicity as a creditable and unreal concept and have considered matters such as conspiracy and previous coordination to be involved in its realization. This article tries to explain the nature of complicity and necessary elements for its realization. Based on the findings of article, which was written in an analytical-critical method, complicity Based on the findings of this article, which was written in an analytical-critical way, complicity is not subject to custom and the will of the legislator, but it is a real matter and an external reality, which the intention, conspiracy and characteristics of mens rea are also ineffective in its realization. The nature of the company is not subject to the kind of crimes that the partners have intervened in its realization, and in order to deal with criminal group activities and organized crimes, it is not possible to define complicity in taziri crimes without considering the real nature of the complicity. The transverse accumulation of multiple factors, the occurrence of the single result and the arbitration of the result to all intervening factors are the necessary elements of complicity in all crimes.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 09 June 2024

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