Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Criminal liability the strongest cause of stewardship in the criminal law of Iran and the United Kingdom

Document Type : Review Article

Authors
D.r Mostafa Foroutan 1
Zahra Rastaei 2
1 Assistant Professor and Faculty Member, Faculty of Law, Islamic Azad University, Shiraz Branch.
2 PhD student in Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Shiraz Branch. (Corresponding Author)
Abstract
The issue of criminal liability is the most important issue in criminal law because usually a person or persons are directly involved in the commission of the crime and its material element, and the same person or persons who are known as the director and accomplices in the crime. , Have criminal liability. Therefore, establishing a causal relationship between the perpetrator and the outcome of the event and holding him responsible is not a difficult task. However, it is possible in cases where the person in charge of the crime, despite direct intervention in the material element of the crime, is irresponsible and instead another person who was not involved in the executive operation (cause) is found criminally responsible. However, how to determine the punishment for the cause, in addition to the ambiguities that exist in distinguishing the strong cause from the manager, due to the lack of scrutiny by the legislator, is one of the ambiguous issues in the Islamic Penal Code. Since the origin of the relationship between causation and strong cause of the manager is first from the United Kingdom and then has reached the jurisprudence of other countries, including the United States and Iran, in this article, considering the similarities between the strong cause of the manager, The reason for the dependent intervener in the criminal law of the United Kingdom, we will examine how to determine its punishment in the criminal law of Iran and the United Kingdom.
Keywords
Criminal liability
strong cause of steward
intervening cause
innocent perpetrator
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  • Receive Date 05 January 2022
  • Revise Date 26 January 2022
  • Accept Date 01 February 2022