نوع مقاله : پژوهشی
نویسندگان
1 استاد گروه حقوق جزا و جرم شناسی دانشکدگان فارابی دانشگاه تهران.(نویسنده مسئول)
2 استادیار ،دانشکده علوم انسانی، دانشگاه حضرت معصومه(س) ،قم ، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In the Islamic Penal Code, the legislator has accepted the creation of reference relationship in the imposition of criminal and civil liability, but has not determined the general criteria and rules for its recognition and has not even defined it precisely, while the recognition and examination of this The relationship is very important for proving the crime and assigning it to the perpetrator. Therefore, according to this concern, this article by examining the relation of citation, knowing the place of citation and how to prove it, seeks to prove that the relationship of citation does not have the ability to be regulated, and to prove this and to identify the perpetrator responsible, every case He examined it separately and according to the customs and conditions of that case, he issued a more correct and fair verdict. Because first, the circumstances of each case are different, even if the names of the criminals are the same, and a special rule cannot be considered for all cases; Secondly, many factors such as jurisprudential rules and human factors, including the victim of the crime, are involved in breaking the relationship of causation and non-responsibility of the perpetrator, in which a specific rule cannot be applied. Finally, we can prove and confirm the reference relationship to the perpetrator to impose criminal responsibility.
کلیدواژهها [English]
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