نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری گروه حقوق جامعه المصطفی العالمیه خراسان، مشهد، ایران(نویسنده مسئول).
2 استاد گروه حقوق دانشگاه فردوسی مشهد، مشهد، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Certainly, criminal legislatures, in dealing with crimes against the state’s security, follow a differential criminal policy, and the criminalization of conspiracy against security in the criminal law texts of countries is subject to this strategy. However, since the actus reus of this crime has been ambiguous for some jurists, they have encountered difficulties in analyzing its nature. Therefore, some have written that the legislator, by criminalizing conspiracy against security, has violated the principles of criminal law and considered criminal thought punishable. Consequently, some have become confused in defining and attempting conspiracy crimes, while others have regarded conspiracy as a preliminary or incomplete crime. A precise explanation and analysis of the actus reus structure of conspiracy against security will put an end to these confusions and reveal that, firstly, the actus reus of conspiracy goes beyond criminal thought, and the principle of not punishing a guilty mind remains intact. Secondly, by analyzing the nature of the actus reus of conspiracy, the position of this element in the sequence of crime stages, as well as the meaning and role of will in realizing the actus reus of this crime, will be clarified. Finally, with the clarification of the actus reus, the nature and type of conspiracy against security will also be explained.
کلیدواژهها [English]
)