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Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   fall 2018 , Volume 82 , Number 103 ; Page(s) 99 To 121.

Captaincy in Criminal Law of Iran

Captaincy that causes commission of crime by designing، constituting، organizing or managing of criminal group is assistance in crime in respect of behavior. However in other hand it is aggravated factor because captain dose not commit a crime principally but he is convicted to maximum punishment of offence which member of group commit in direction of aim of group by according with s. 130. In some cases that sentence of person aggravate on basis of special statutes by reason of leadership or forming a band، network or organizations could not impose punishment again by s. 130. Legal persons can not become member or captain of group or captain، In spite of they may have criminal liability. In attention on minimum of group is three persons، time of captaincy of group is time of designing، constituting، organizing or managing of criminal group، no time of committing of crime even members of group deduces to less of three members.
Keyword(s): Captaincy,Criminal Group,Assistant,Punishment,Member
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