نوع مقاله : مقاله پژوهشی
نویسنده
استادیار پژوهشکده فقه و حقوق پژوهشگاه علوم و فرهنگ اسلامی، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the prohibited and criminal acts is aiding and abetting in a crime, which is considered under the rules of jurisprudence and law. What has been explicitly stated in both jurisprudence and law is the allocation of aiding and abetting to positive acts, but by examining cases in both fields, it is found that both have accepted the truth of aid in relation to negative acts (abstaining from an action); especially in the field of law, where aiding and abetting in a crime is not only accepted as an independent offense in various legal provisions, but it can also be considered as one of the cases of aiding and abetting in a crime. Just as in jurisprudence, it has been explicitly stated that aid is attributed to abstaining from an action. In addition, examining the nature of aid and abetting shows that these two abilities have this generality, and therefore, they have been used with the same semantic scope in customs and some narratives. Therefore, it can be claimed that aid and abetting, even according to the practical confession of opponents, do not apply solely to existential prerequisites and can also include negative prerequisites; just as the principle of sin and crime is also included in this generality.
کلیدواژهها [English]
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