刑事供款规定的客观框架(比较研究)

رتيل تركي الدرويش
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引用次数: 0

摘要

根据其中一人的行为,可以区分犯罪是由他们的行为实施的若干人,以及这种行为是否符合法律所描述的犯罪,或至少是其中的一部分,或者相反,它可能出现在规定的犯罪描述之外。在第一种情况下,参与犯罪的人被称为犯罪者。该行为人是指以其行为完全或部分实施法律所述罪行的人。在第二种情况下,通过法律所没有描述的行为,即使与法律所描述的行为有关,也因为是对该行为的协议、煽动或协助而促成犯罪的合伙人。埃及法律区分了犯罪者和犯罪伙伴,因为《刑法典》详细地处理了犯罪参与问题,规定了可以用来决定是否参与的犯罪参与形式,还提到了导致对犯罪伙伴负责的犯罪参与行为的要素。除了他有兴趣援引犯罪从犯的意图外,叙利亚和黎巴嫩的法律一方面区分了犯罪者和从犯,另一方面区分了干预者。在本研究中,我们将从埃及立法者的角度讨论刑事捐款问题,同时将其与黎巴嫩和叙利亚法律进行比较,以利用法律和判例参考,显示规定条款的相容或不一致的程度。并介绍埃及最高上诉法院自成立以来发布的许多判决和判例,目的是为研究服务,丰富其中所载的事实和信息。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Objective framework for the Provisions of criminal contribution(Comparative study)
It is possible to distinguish between a number of persons where the crime is conducted by their behavior, based on the conduct of one of them, and whether this conduct fulfills the crime as described by law, or at least part of it, or on the contrary, it may appear outside the prescribed description of the crime. In the first case the person participating in the crime is called the perpetrator. This perpetrator is the one who, by his conduct, fully or partially commit the crime as described in the law. In the second, the partner, who contributes to the crime by a conduct not described by law even if it is related to the conduct described in law, because it is an agreement, incitement or assistance to it. The Egyptian law distinguished between the perpetrator and the partner in the crime, as the Penal Code dealt with the issue of criminal participation in detail, by stipulating the forms of criminal participation that are supposed to be available to determine whether or not to participate, and also referred to the elements of the act of criminal participation that lead to accountability of the partner in the crime. In addition to his interest in invoking the intent of the accomplice in the crime, while the Syrian and Lebanese law distinguished between the perpetrator and the accomplice on the one hand, and the intervening person on the other.In this study, we will address the issue of criminal contribution from the point of view of the Egyptian legislator, while comparing it with the Lebanese and Syrian laws to show the extent of compatibility or inconsistency in the stipulated provisions, using legal and jurisprudential references, as well as presenting many judgments and jurisprudence issued by The Egyptian Court of Cassation since its establishment with the aim of serving the study and enriching the facts and information contained therein.
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