An Analysis of the Theory on Aiding to Unintentional Crimes

Criminalizing the act of aiding to unintentional crimes appears to be onerous; especially with regard to the legal texts of the Iranian law system, thus addressing the issue requires a theoretical discussion on the substantiation of its possibility within a consistent structure. In this direction, initially, the prerequisites of the recognition of the theory on aiding to unintentional crimes such as “non-essentiality of the corroboration of the unity of the criminal intent of parties”, “the actuality of the title of aiding”, “non-essentiality of the intentionality of the aided act” are explored thoroughly, then through the analysis and review of its contradicting instances, such as “aiding to the commission of a conduct which is the origin of the crime”, “assistance in the commission of the  killing by mistake” and “intervention in the murder of a person deemed erroneously mahdour-al dam (or deserving of death)”, there exists the grounds to explain the criminological advantages derived from acceptance of the aforementioned theory, and at last, it is proposed to the legislator to expand the instances of aiding to the commission of crime as an effective measure to control  delinquency.