Abstract
The presence of a just crime law is deemed necessary to establish safety and peace in a society. Today and as a result of rapid developments in technology, criminals try to use the technology and assist each other in order to not only commit the crimes easier and with more comfort, but also evade the criminal traces and make crime discovery more problematic. Also they would like to be punished less if they are detained. Therefore, abetting and participation in crimes is considered to be highly important. Today many societies have approved punishments for abetting and certain laws have been devised to fight against it. A comparative study of abetting can affect the prevention of related challenges. Thus, the present study is going to deal with investigating abetting using an analytic- descriptive method through comparing the criminal law in Turkey and Islamic punishments law in Iran. The findings showed that in former criminal law in Iran, the punishment for abetting in punishable crimes was identified vaguely, but the new Islamic punishment law has identified certain punishments for abetting in part ‘d’ of article 127. According to this criminal law, the punishment for abetting would be one to two levels lower than the punishment to commit it. In Islamic punishment law there are some types of crimes mentioned as: abetting, threat, provoking, direction, construction or supply of tools to commit the crime, and … . These concepts can be seen in the criminal law in Turkey, too. To approve abetting, there should be concurrency between the actions of the assistant and the abetting person and the assistant should have the same intention as the crime soliciting person. Therefore, abetting has three principal features of material, spiritual, and legal and this is exactly the same in the legal system in Turkey. The Islamic criminal law approved in 2013 has accepted the concept of relative culpability theory regarding abetting. The absolute culpability theory is known as the same law in article 38 (1) in the criminal law in Turkey.
Highlights
1.1 THE CONCEPT OF ABETTINGIt is not always a man who commits a crime alone and sometimes the occurrence of a crime is out of control of a person and others may share the incidence
In Islamic criminal law, abetting is not defined in a crime commitment, but abetting has been known to be recognized through some methods
The definition below is not an exception either, but we have tried to use different definition posed by the scholars in law to propose a more complete and more concise definition of the term: The abetting committer is the one who has not done anything in the sheer criminal activity and has not done any certain physical criminal activity, but has had common agreement
Summary
It is not always a man who commits a crime alone and sometimes the occurrence of a crime is out of control of a person and others may share the incidence. Aside from the crime partner, there may be others who have helped the criminal to commit a certain crime. On the whole, abetting refers to the one who enforces others to commit the crime without direct inclusion in the administrative operations of a crime through provoking or giving money or deception. It refers to the knowledge and information about the tool to commit the crime and to supply it for the major committer or to propose it to the major criminal to commit a crime. A partner is someone who does not have any culpability action denial role, but he/she has prepared the condition to realize the action through the major criminal and paves the way for the consultant or the crime committed to carry out the activity
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