نوع مقاله : نقد رای وحدت رویه
عنوان مقاله English
نویسندگان English
The binding precedent No. 799 rendered by the Supreme Court which addresses differences in court practice in determining the limits of liability of accomplices to a theft crime in returning the stolen property is considered a turning point in delineation of interaction between criminal and civil liability in the Iranian legal system. The main question of the research is that in case it is not possible to assess the amount of stolen property by each accomplice, should the basis be the principle of personal responsibility and its proportion to the actual role of individuals, or should it be based on the principle of equal responsibility among them? In this article, using a descriptive-documentary research method, the content of binding precedent No. 799 rendered by the General Board of the Supreme Court has been examined. The findings show that this decision, while creating procedural coherence and strengthening the victim's position in the trial process, faces theoretical and practical challenges in terms of compliance with the fundamental principles of criminal law, especially the principle of individualization of responsibility and avoiding imposing a disproportionate financial burden.
کلیدواژهها English
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