Complicity in Committing a Crime through Acts and Omissions: Feasibility study

Document Type : Research Paper

Authors

1 هیات علمی دانشگاه

2 judge

Abstract

Complicity is one of the controversial issue in criminal law. This issue is more complicated when the conduct in the physical element of a crime is an omission. The purpose of this research is seeking to investigate the feasibility of participating in committing a crime through acts and omissions. This study based on Criminal Code of Iran. Our research found that legislator has accepted participating in committing a crime through acts and omissions in fatal crimes implicitly provided for the omission will be causation of crime. However, legislator is quiet about possibility of participating in committing a crime through acts and omissions in other crimes such as Tazzir. Imposing criminal liability for omissions, regardless of legislator’s approach, particularly in participating with perpetrator’s act, is not consistent with justice.

Highlights

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