Document Type : research
Authors
1
Ph.D. Student, Department of Criminal Law and Criminology, Chalus Branch, Islamic Azad University, Chalus, Iran.
2
Assistant Professor, Department of Law, Chalus Branch, Islamic Azad University, Chalus, Iran.
3
Assistant Professor, Department of Law, Chalus Branch, Islamic Azad University, Chalus, Iran
10.22034/ejs.2023.415963.1548
Abstract
Background and Aim: Criminality in multiplicity of causes has always been a subject of discussion and disagreement. The aim of this article is to compare the issue of multiplicity of causes in the field of criminal responsibility of Iran and England.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: In Iranian criminal law, in case of sharing of causes, there is equality in criminal responsibility, and if the degree of influence is different, each of the factors will be responsible according to the degree of influence of their behavior in the crime. In multiple longitudinal causes, the primary cause is the effect of the guarantor, and in multiple transverse causes, equality prevails in the guarantee. In English criminal law, in case of sharing, based on the necessary condition theory, equality of causes prevails. In the multiplicity of causes, the external cause is the dominant one.
Conclusion: In both Iranian criminal law and British criminal law, the basis for determining criminality is customary reference and relative guarantee, and based on this rule, the person responsible for the crime and the amount of responsibility is determined.
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