Jurisprudence

Jurisprudence

The possibility, occurrence, and justification of criminalizing aiding and abetting in unintentional crimes, with a look at judicial procedure

Document Type : Original Article

Author
PhD in Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
Aiding and abetting is a form of participation in a crime, and its various aspects have always been a subject of interest for researchers. One long-standing debate within this concept is the feasibility of aiding and abetting in unintentional crimes. To find a comprehensive answer to this question, it is necessary to deconstruct the layers of the discussion and examine each separately. This article breaks down the question at hand into three sub-questions and discusses each one. The first question is whether aiding and abetting in unintentional crimes is even possible. The answer to this question depends on the interpretation of aiding and abetting. However, in all possible scenarios, the answer is positive. The second question is whether, in the current situation, aiding and abetting in unintentional crimes is accepted. The answer to this question is negative, considering that the legislator has only considered certain types of aiding and abetting. And the third and final question is whether criminalizing aiding and abetting in unintentional crimes is justified and desirable. The answer to this question is positive, and it is recommended that the legislator expand the scope of criminalization in aiding and abetting in a disciplined manner, both in terms of 'deserving blame' and in terms of 'impact on deterrence.
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Volume 1, Issue 1 - Serial Number 1
March 2025
Pages 205-225

  • Receive Date 18 February 2025
  • Revise Date 18 July 2025
  • Accept Date 14 July 2025