STUDYING ABETTING IN LEGAL SYSTEMS OF IRAN AND TURKEY
DOI:
https://doi.org/10.51359/2448-2307.2020.248837Keywords:
Cumplicidade, Parceiro do crime, Direito Penal Turco, Direito Penal Islâmico, Teoria da CulpabilidadeAbstract
The presence of a just crime law is deemed necessary to establish safety and peace in a society. Today and as a result of rapid developments in technology, criminals try to use the technology and assist each other in order to not only commit the crimes easier and with more comfort, but also evade the criminal traces and make crime discovery more problematic. Also they would like to be punished less if they are detained. Therefore, abetting and participation in crimes is considered to be highly important. Today many societies have approved punishments for abetting and certain laws have been devised to fight against it. A comparative study of abetting can affect the prevention of related challenges. Thus, the present study is going to deal with investigating abetting using an analytic- descriptive method through comparing the criminal law in Turkey and Islamic punishments law in Iran. The findings showed that in former criminal law in Iran, the punishment for abetting in punishable crimes was identified vaguely, but the new Islamic punishment law has identified certain punishments for abetting in part ‘d’ of article 127. According to this criminal law, the punishment for abetting would be one to two levels lower than the punishment to commit it. In Islamic punishment law there are some types of crimes mentioned as: abetting, threat, provoking, direction, construction or supply of tools to commit the crime, and … . These concepts can be seen in the criminal law in Turkey, too. To approve abetting, there should be concurrency between the actions of the assistant and the abetting person and the assistant should have the same intention as the crime soliciting person. Therefore, abetting has three principal features of material, spiritual, and legal and this is exactly the same in the legal system in Turkey. The Islamic criminal law approved in 2013 has accepted the concept of relative culpability theory regarding abetting. The absolute culpability theory is known as the same law in article 38 (1) in the criminal law in Turkey.
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Copyright (c) 2020 Khalil Afandak, Mahmod Ahmadi, Mina Mehrvand
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