نوع مقاله : مقاله پژوهشی
نویسندگان
استادیار گروه حقوق، دانشکده ادبیات و علوم انسانی دانشگاه زابل، ایران، زابل
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
"If you see something, report it." This is a common phrase in many announcements around the world that are run by authorities and police to encourage the public to report suspicious activity to law enforcement agencies; but this question comes from a legal point of view that is the general public obligated to report a definite offence in the case of witnessing it? if they remain indifferent and do nothing, will they be punished? In response to this question, the approach of the countries is different. Some penal systems consider indifference in observing an offence and reporting it as deserving of punishment in limited cases, such as Iranian system, where the constituent elements of the offence of concealing offences are the type of omission and the perpetrator must necessarily be a government official be aware of the offence and have the ability to report it. Also, the need to report is limited to offences that are prescribed by law, not all offences. However, there is a fundamental difference between Iranian system and the laws of Arab countries in terms of mandatory reporters, the way of declaring offences and the scope of the type of offences and the punishment of crimes. Islamic criminal policy is also different with respect to two types of offences. In the offences against chastity, the Holy Sharee has adopted the approach of covering up the offences, but in security crimes such as Muharibeh and homicide, it requires people to report. In Lebanese and Syrian laws, as a rule, ordinary citizens are not obliged to report all offences, but in offences of the type of felonies (crimes against security(, the legislator recognizes indifference by anyone as a crime. The physical element of non-reporting in the mentioned systems is committed only by omission. On the other hand, concealing an offence is an intentional crime and deserves general intent, that is the intention to conceal it, but specific intent is not necessary. Compared to our country, the punishment in the Arab systems vary and are more severe, depending on the type of offence. Moreover, unlike Iran, the parties to a confidential relationship, such as lawyer-client, cleric and penitent and family immunity are exempted from punishment in some Arab countries. In general, the penal policy of Arab countries is more repressive, security-oriented and coherent in in response to the indifference of citizens to reporting offences. The present article tries to explain the basics of criminalizing the concealment of the offence and meanwile its constituent elements in the legal systems of Iran, Lebanon, and Syria.
کلیدواژهها [English]
)