نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیئت‌علمی گروه حقوقِ دانشکده حقوق و علوم اجتماعیِ دانشگاه پیام نور، ایران، تهران
2 استاد گروه حقوق کیفری و جرم شناسی، دانشکده حقوق دانشکدگان فارابی دانشگاه تهران، ایران، قم
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In examining the opinions of jurists and lawyers, what must be considered as a mandatory common point in identifying the responsible agent is the proof and establishment of the attribution relationship in its specific meaning. The legislator also emphasizes the necessity of establishing the attribution relationship in Articles 492 and 493 2013, and in fact, the attribution relationship is a means of recognizing the influence of various factors involved in the criminal phenomenon; and in this sense, this relationship must exist and not be interrupted or negated so that we can determine to which agent the crime will be attributed. According to Article 29 of the Iraqi Penal Code, the attribution relationship is also accepted in Iraqi law, and the agent who is guilty and effective is considered responsible for the effects of committing a crime. This qualitative research was written using the content analysis method, and by examining jurisprudential and legal sources with a legal and ethical approach, an attempt has been made to present an appropriate analysis of the legislator's and legislator's approach to the relationship between attribution and its relationship with the elements of crime. It was determined, by analyzing various opinions, the existential basis of the attribution relationship is the identification of the agent responsible for the criminal behavior, and to realize it, it is necessary to have all the elements of the crime in the perpetrator. If the perpetrator committed the crime as a result of the actions of a stronger cause, the crime is attributed to the stronger cause, even though they did not realize the physical element of the crime. From this legislative action in Article 526, it is clear that in the dual element of physical and mental element, the responsibility lies with the indirect agent and the person who meets the conditions of criminal responsibility, not physical perpetrator of the crime. The Iraqi legislator has only dedicated one article to the responsible factor, and according to it, the person is responsible for the direct and indirect effects of their behavior.
کلیدواژه‌ها [English]
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