نوع مقاله : پژوهشی
نویسندگان
1 عضو هیأت علمی گروه حقوق دانشگاه شاهد
2 دانش آموخته کارشناسی ارشد حقوق جزاوجرم شناسی دانشکده حقوق دانشگاه آزاداسلامی واحدتهران مرکز، پژوهشگرمرکز تحقیقات اخلاق و حقوق پزشکی دانشگاه علوم پزشکی شهیدبهشتی
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
One of the issues related to criminal responsibility and the principle of its individuality is the criminal responsibility arising from the other’s behavior that legislator has referred it as criminal responsibility arising from other’s behavior in 142 article of Islamic Penal Law of 2013. This means that the criminal responsibility is on a person who has not committed the crime, but is known responsible and punished due to specific conditions and based on the legislator's discretion. Before approving this law, the examples of this responsibility had been referred discretely in some laws. There is a concept called criminal responsibility of superiors (commander-ship) in the international documents that whereby military commanders or superiors are known responsible for crimes that were committed by forces under their command or control, in the lack of necessary control of their subordinates. This is one of the important issues in international criminal law and there are several reasons for its justification includes criminal responsibility arising from other’s behavior. Accordingly, a separate study of each of these concepts and identification of their relationship is important, which is discussed in the present research through study theoretic principles and refer to regulations, texts and other documents. According to results in this study, criminal responsibility of superiors can be similar criminal liability arising from other’s behavior in the internal law.
کلیدواژه‌ها [English]
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