الرافدین للحقوق | |
Criminal Agreement | |
Talal Abid Hussein Al-badrani1  | |
[1] Public Law, Faculty of Law, University of Mosul, Mosul, Iraq; | |
关键词: criminal agreement; criminal activity; | |
DOI : 10.33899/alaw.2011.160642 | |
来源: DOAJ |
【 摘 要 】
One of the most important evidence that shows the seriousness of the criminal activity is its occurrence according to a previous criminal agreement shows an advanced level of criminal readiness and a social danger . An agreement between two persons or more to commit a criminal behavior refers clearly to a sort of management and despisement of the security of the society and a breach to all laws and social traditions. And it has elements that are agreed at among all scholars though its expressions are different. And we can confirm that this agreement in its essence is a psychological case based on two wills or more, but it has a materialistic appearance which is taken from the means of expressing will. In the current study we adopted an inductive method for the texts and an analytical one for the juristic opinions.
It is approved to us that the criminal agreement is different from that agreement which is a type of criminal participation from several aspects ; and there are two types of criminal agreement: general and particular. A member of a criminal agreement is forgiven from punishment in case that he initiates to inform the juristic authorities about the existence of a criminal agreement and who are the participants before it happens. The researcher reached at several findings and made some recommendations for the sake of avoiding the mistakes and shortages that the Iraqi criminal legislation committed.
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【 授权许可】
Unknown