The Jurisprudential Study of the Conditionality of the Occurrence of Crime Assistance in Title Verity of Assistance with an Emphasis on the Rule Functions of Assistance in Sin in the Cyberspace

Different sins from the view point of the amount of villainy are not equal and have the degrees of severity and weakness. It is possible that other people including natural or legal ones facilitate the preliminaries of committing an unlawful action to perform a crime and provide the base of committing an illegal act that is called “crime assistant” and the committed act is referred to as “crime assistance”. Some jurists consider that the conclusion of the occurrence by mubāshir (perpetrator) (the occurrence of assisted crime) is a condition of title verity of assistance of crime, and from the view point of other jurists, this condition is not considered to be valid. The present research has been performed through descriptive-analytical method and by referring to jurisprudence books and jurists’ opinions along with justification, explanation, reasoning and inference. The finding of the present research includes total opinions of jurists and existing settlement of disputes in “conditionality crime assistance occurrence”. Therefore, considering the severity and weakness of the amount of sin indecency and it’s negative effect on psychological security of society, particularly in the cyberspace, the judicial courts are allowed and authorized, considering two criteria of intention of people and their knowledge and attention on the possibility of the occurrence of crime in the real world and or (internal or external) preventive factors of crime occurrence in the real world, in some cases, to consider the assistance of crime as the subject to crime assistance occurrence and in relation to some other crimes and legal and lawful sins do not consider the occurrence of assisted crime as criterion.