Complicity in Premeditated Murder and Its Legal Challenges and Punishment (Punishment of the Detainer and the Lookout)
Keywords:
Complicity in premeditated murder, punishment of the detainer, lookout, Iranian law, legal challengesAbstract
The subject of complicity in premeditated murder and the associated legal challenges, including the punishments of the detainer and the lookout, faces ambiguities and legal contradictions in many legal systems. In Iranian law, the precise and clear definition of the responsibility of accomplices in premeditated murder, particularly regarding their specific punishments, remains a matter of controversy. This study analyzes these challenges and offers proposals for legislative reforms. The objective of this article is to examine the legal challenges related to complicity in premeditated murder, especially concerning the punishments of the detainer and the lookout, and to present suggestions for the amendment of existing laws. This research has been conducted through an analytical-comparative method. The sources utilized include Iranian laws, Islamic jurisprudence, international human rights instruments, and relevant judicial cases. The findings of the research indicate that there are significant ambiguities in Iranian law concerning the precise definition of complicity and its punishments. Furthermore, particularly regarding the punishments of the detainer and the lookout, there are difficulties in proving the intent and the extent of the accomplices’ contribution to the commission of the crime. These challenges have led to considerable complexities in the judicial process and the determination of punishment. It is recommended that the laws related to complicity in premeditated murder be amended to establish a clear distinction among the types of complicity and to ensure that punishments are more transparent and proportionate to the individuals’ involvement in the commission of the crime.
References
Andak, S. P., & Rabbani-Mousavian, S. A. (2020). A Comparative Study of Intentional Murder in Islamic Jurisprudential Schools and the Iraqi Penal Code with Emphasis on Its Punishment. Journal of Jurisprudential and Philosophical Studies, 42(11).
Asadi, L. S. (2019). The Impact of the Act of Defense on Intentional Murder, Its Classification, and Punishment. Journal of Criminal Procedure, 137.
Azimian, A. (2016). Intentional Murder and Its Challenges in the Islamic Penal Code Islamic Azad University, Shahroud Branch].
Beigi, J., & Mohammadpanahi, M. (2017). Complicity in Intentional Murder and Legal Challenges Facing Its Punishment. Journal of Legal Excellence, 18.
Ebrahimpour-Liyalestani, H. (2000). A Study of the Public Aspect of the Crime of Complicity in Intentional Murder (Analysis of Articles 207 and 208 of the Islamic Penal Code) University of Tehran].
Fazlzadeh, A. (2021). Criminal Liability, Laws, and Punishments Regarding Coercion in Murder (Intentional Murder). 7th National Conference on New Research in the Field of Humanities and Social Studies in Iran,
Gholami, M. (2018). The Role of Knowledge in the Mental Element of Intentional Murder from the Jurisprudential and Legal Perspectives with Emphasis on the Islamic Penal Code. Andisheh Kamyab Iranian Institute.
Javadiania-Rik, M., & Mir-Masoudi, S. S. (2024). A Study of the Judgment and Punishment of the Crime of Intentional Murder in the Islamic Penal Code. 7th International Conference on New Approaches to Management, Psychology, and Humanities in the 21st Century,
Javanbakht, M., & Tajri-Mozanni, Z. (2023). Examining and Assessing the Impact of Utilitarianism on the Quality and Severity of Punishment for Intentional Murder. Journal of Interdisciplinary Jurisprudence Studies, 13(4).
Madani, Q. (2017). Mental Element in Intentional Murder: A Legal and Criminal Analysis of Article 290 of the Islamic Penal Code. 2nd National Conference on Law, Theology, and Political Science,
Mahtabi, M. (2014). Murder (Based on the Islamic Penal Code Approved on April 21, 2013): Intentional Murder, Semi-Intentional Murder, Pure Mistake, Related Unification Precedents, and Methods of Proving Murder in Courts. Taq-e Bostan.
Mosadegh, M. (2020). Innovations of the New Islamic Penal Code in the Field of Punishment for Intentional Murder. Journal of Criminal Procedure, 139.
Nozari-Ferdowsieh, M., Rostami-Ghafas Abadi, A., & Jahani, M. H. (2022). A Jurisprudential Reexamination of the Criminal Responsibility of a Non-Observant Overseer in the Crime of Intentional Murder. Journal of Research in Islamic Jurisprudence and Law, 3(18).
Pirdadeh-Biranvand, A. (1999). Qisas (Retribution) and Its Derivatives: A New Perspective on Punishment for Intentional Murder with Analysis. Afareeneh.
Rajabi-Qarqashlaghi, A. (2008). A Study on the Ruling of the "Restrainer" and "Observer" in Intentional Murder in Shiite and Sunni Jurisprudential Sources Compared to the Islamic Penal Code Payam Noor University].
