نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
For over two centuries, criminal liability was mostly placed upon the material perpetrator of the crime and other forms of involvement in the commission of a crime, such as complicity, were deemed exceptional and prosecuted only under specific conditions. Today, due to shifts in social phenomena and legal logic, the expansion of organized crimes, and the adoption of the principle of preventive priority, the scope of criminal liability has undergone a fundamental transformation. Derivative criminal liability pertains to the responsibility of both direct and indirect accomplices, a concept that has not been fully embraced within Iranian statutes or legal doctrine. This form of liability, predicated on four fundamental pillars, namely Generality, the Liability to Punishment of the Principal and Secondary Conduct, Purposefulness, and Assimilation, can be multifaceted and is not confined to primary derivation. Based on the findings of this research, to effectively combat organized crime, it is recommended that parallel and serial modes of multiple derivation be explicitly incorporated into penal codes. This novel theory can prevent the impunity of agents involved in the crime while simultaneously safeguarding against the punishment of non-complicit individuals. Employing a descriptive-analytical approach based on library resources and case law, this research examines the various dimensions of derivative criminal liability as the new frontiers of criminal justice, with a particular focus on judicial decisions.
کلیدواژهها English