Jurisprudential review of the criminal responsibility of the non-observer in the crime of intentional homicide
Surveillance in the crime of murder, which facilitates the realization of the crime, is one of the examples of the vice and is punishable from the legal point of view due to the theory of the metaphor of the guilt of the vice from the main crime. And from the point of view of jurisprudence, based on the existing traditions, the punishment of blinding the eye is foreseen for the watcher. But in the case of a supervisor who does not guard, the famous jurists do not consider any responsibility towards the supervisor. While assuming the existence of a legal duty and leaving the legal duty on the part of the supervisor, the order of criminal liability is undeniable. On the other hand, if there is no legal responsibility, by measuring the state of the observer in relation to the victim, it is possible to prove the order of criminal responsibility through being a deputy and causation. And by referring to the rule of "sanctity of helping the wrongdoer" and based on the rule of "tazir for the sake of forbidden things", the possibility of punishing non-custodian supervisors is proven. In this research, an attempt has been made to prove the criminal responsibility of the non-observer in the crime by examining different theories, so that the realization of crimes and social harms can be prevented by taking appropriate action from those present at the crime scene.
Observer , watcher , observation , deputy , murder
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.