Participation in Crime according to the Islamic Penal Code 1392/2013

Document Type : Original Article

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Abstract

Since many criminals try to find some accomplice(s) to commit crime, there is always some articles in the penal codes concerning participating in a crime or leading it. The Islamic Penal Code 1392/2013 is not an exception and there are some changes made in it as compared with the previous codes. For example, clarification of ‘participation in crimes which should be punished by retaliation or blood-money’, ‘judge’s authority to specify a lower punishment for the weak accomplice’, ‘the way in which punishment may be mitigated,’ and ‘possibility of punishing the leader of criminals for the worst crime the members of group have committed to achieve their criminal goals. Nevertheless, it seems that the legislator can take further steps in this regard. For example, in organized crimes for which the judge is able to specify the maximum or minimum punishment, he may consider all members of a gang whether those who have committed executive operations of the crime or other as participating in the crime. Also, he may clarify the situation of participation in the crimes which should be religiously punished.