الاشتراك الجنائي

Abstract

Abstract Criminal complicity is considered one of the most important topics in the Sudanese penal code and the Jordanian penal code. This is because of the high accuracy of its definition. This concept allows us to identify the perpetrator of the crime and the accomplices whether it was done through agreement or without an agreement, and how the crime was committed in the case of the presence of criminal agreement or without it. Thus there is some difficulty in identifying the criminal liability of each accomplices .As known, crime in general is committed in an individual way, whereas in the case of criminal complicity it is done by a group of people which makes complicity stronger and more resolute. These crimes can be more violent because the criminals back and cover each other. The cause of choosing this topic in this study is because it is very important from practical and theoretical field in our societies and to shed some li ght on the kinds of criminal complicity, its definition, its aspects and its retribution. This study presents a comparative study between the Sudanese and Jordanian penal codes, about criminal complicity, its general definiti on which means that a number of individuals participate in committin g a crime with a criminal intent and a criminal purpose. Crime in general has a detrimental effect on the societies and the individuals bes ides, thc perpetrators participation in a crime can promote more crilJ. '~s through facilitating the crime and helping the perpctrator .thus no cri minal liability occurs against someone unless they committed a c:ime and participated in its execution . This study is divided into five chapters: Chapter one: discusses the definition of the crimi nal(penal ) complicity, its elements, and its basics principles according to th e Sudanese and Jordanian laws. Chapter two: discusses the Cllrrent legislation theories about criminal(penal) complicity according to the Sudanese and Jordanian laws chapter three: discusses kinds of criminal (penal)compli city for the perpetrator and the accomplice according to the Sudanese and the Jordanian laws. This chapter also di scllsses the order to commit a crime and the duress to commit a crime. Chapter four: includes special aspects of criminal(penal) complicity between the Sudanese and Jordanian laws. These aspects are: Criminal complicity to execute a criminal agreement or without a criminal agreement . The order to commit a crime, the duress to commit a crime . criminal agreement, instigation, and aid. Chapter five: presents special aspects of criminal(penal) complicity in the Jordanian law which have no equivalent in the Sudanese penal code expect in certain cases. The study results showed that: The topics of the multiplicity of perpetrators and accomplices of the crime are called either criminal contribution or criminal participation. The Sudanese law uses the tenn penal participation whereas the Jordanian law uses the tenn (criminal participation). They are two expressions of the same tenn. * Although there IS a difference in the tenns of the criminal penal Participation between the Sudanese and Jordanian laws, we find the practical principles are almost the same. ecuted in a planned * Complicity to commit a CrIme tlu·ough organized way and criminal agreement is considcred one of the usually more dangerous than other most dangerous crimes according to the Sudanese Jurispmdence which included it in articles (2 1 - 26). All countries should address complicity crime in their penal codes because complicity crunes are conunitted ti1fough premeditated agreement and plamung between two or more people. So it is excrimes. * there is a division of tile kinds of criminal penal participation between the Sudanese and Jordanian laws. The Sudanese penal code quotes six kinds of criminal participation: complicity as an execution to a criminal agreement ,complicity without a criminal agreement, the order to commit a crime ,the duress to commit a crime, criminal agTeement, instigation, and aid. Whereas tile Jordanian law quotes complicity in the penal code wlder chapter (liability). it classifies the accomplices into four kinds .they are : the perpetrators who include the accomplices ,the intelveners, the instigators, and tile people who hid tile perpetrators. * Instigations as an aspect of criminalClicity accordi ng 0 the Sudanese penal code is based on the creation of theme of the crime in an individual then supporting it to become a determination to commit a cnme. This support includes temptation, agreement or conspiracy and help. According to tile Jordanian law, the investigator is a person who encourages, or attempts to make someone else commit a crime through giving tl1em money or gift, or influencing them - through threat or tricks or mauls of power .in other words the Jordanian law put certain methods and ways to specify the insti gation crime. * the study offered these recommendations: - The study recommended that the Sudanese law identify methods and ways of instigation, so as the Judge abide by the law texts. *The Sudanese and Jordanian laws are recommended to introduce clarifying examples that better clarify kinds of criminal complicity. * The Sudanese and Jordanian laws should alleviate minor complicity crimes retributions and to limit them in the strictest manner so as not to be used as a context to violate public rights and freedoms of the accomplices who played minor roles in the crime and with good intent. * The study reconunended that the Sudanese and Jordanian laws alleviate minor complicity crimes retributions for individuals who played minor roles in the crime and with good intent.