نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
There is a difference of opinion about the concept of the mental agent of the crime in Iranian law. Some have limited it to cases where the mental agent of the crime commits it by inciting another responsible person. In this concept, although inciting a person to commit a crime is the same as being an accessory to a crime, but due to the dangerousness of such an inciter and the deserving of a greater punishment than an accessory to the crime, the legislator has considered her punishment to be the same as the punishment of the main perpetrator. Some others, like most Arab jurists, including Lebanese jurists, consider the mental agent of the crime to be the "cause stronger than the perpetrator" and some consider it to include both of the previous cases. The question of this research is, firstly, which one of these theories is correct, and secondly, which one is suitable for Iran's criminal justice system? In this research, which was done with descriptive, analytical and comparative method, this hypothesis has been strengthened that "mental agent of crime" is a concept taken from customary law and it should not be confused with the independent jurisprudential system of "cause stronger than the perpetrator". Therefore, the nature of the mental agent of the crime is the commission of the crime by inciting the responsible persons to commit it, the punishment of which is determined outside the rules of accessory to the crime due to the special text.
کلیدواژهها English
