Comparative Studying the Abetting by ommition in English and Iranian Legal System.

Subject Areas : فقه و مبانی حقوق

Amir MohammadKarimi ¹ , SeyedDoraid MousaviMojab ² , Ismaeil AghababaeiBeni ³

1 - MA. in Criminal Law and Criminology, Department of Law, Qom Branch, Islamic Azad University, Qom, Iran
2 - Assistant Professor of Criminal Law and Criminology, Tarbiat Modares University, Tehran, Iran
3 - Assistant Professor, Member of Research Team, Research Center for Law and Islamic Jurisprudence, Academy of Islamic Sciences and Culture

Received: 2016-07-25 Accepted : 2016-09-25 Published : 2015-12-22

Keywords: Legal System, Omission, Abetting, Iran and Uk,

Abstract :

By reviewing the topic of abetting, this question arises that is omission the element of criminal behavior in abetting? By studying this case we found that the vote of lawyers and jurisprudents are different. Most of lawyers and jurisprudents believe that the element of criminal behavior in abetting is only realized by positive actions; but some of them believe that this can be done by omission. On the other hand, legislators, by passing numerous rules, have accepted the abettingby means of omission. In this field, it’s worth noting that not-suggesting the element of omission by some of the jurisprudents doesn’t mean its refusal. Although, in many cases partnership in crimes is depends on positive actions, but this isn’t true in all cases. By the way, after reviewing the element of omissionin criminal behavior as abetting in judicial system of UK, we found that, based on criminal rights of the country, partnership in crimes by omissionis accepted in certain conditions.