Objective framework for the Provisions of criminal contribution(Comparative study)

Abstract

It is possible to distinguish between a number of persons where the crime is conducted by their behavior, based on the conduct of one of them, and whether this conduct fulfills the crime as described by law, or at least part of it, or on the contrary, it may appear outside the prescribed description of the crime. In the first case the person participating in the crime is called the perpetrator. This perpetrator is the one who, by his conduct, fully or partially commit the crime as described in the law. In the second, the partner, who contributes to the crime by a conduct not described by law even if it is related to the conduct described in law, because it is an agreement, incitement or assistance to it. The Egyptian law distinguished between the perpetrator and the partner in the crime, as the Penal Code dealt with the issue of criminal participation in detail, by stipulating the forms of criminal participation that are supposed to be available to determine whether or not to participate, and also referred to the elements of the act of criminal participation that lead to accountability of the partner in the crime. In addition to his interest in invoking the intent of the accomplice in the crime, while the Syrian and Lebanese law distinguished between the perpetrator and the accomplice on the one hand, and the intervening person on the other.In this study, we will address the issue of criminal contribution from the point of view of the Egyptian legislator, while comparing it with the Lebanese and Syrian laws to show the extent of compatibility or inconsistency in the stipulated provisions, using legal and jurisprudential references, as well as presenting many judgments and jurisprudence issued by The Egyptian Court of Cassation since its establishment with the aim of serving the study and enriching the facts and information contained therein.