Abstract:
Today, the field of criminal law in Iran is facing the challenge of creating a crime and a broad interpretation of criminal behavior, and in addition to ordinary people, this trend has also entered the sphere of administrative duties and responsibilities, especially with the plan of "police responsibility" in addition to criminal responsibility and Civil includes the actions and activities of the general officers of the judiciary such as the police force. Based on this, the main goal of the current research is to identify and introduce an approach that can be emphasized to violate the criminal responsibility of the general officers of the judiciary when conducting covert information and security operations. According to this purpose, in the present research, which is based on the descriptive-analytical method, the role of the theory of "virtuous participation" in removing the criminal responsibility of the general officers of the judiciary when carrying out policing, security and intelligence missions in a secret manner has been evaluated. . The main hypothesis is that participation in a typically criminal act provided that it is based on a preventive or restorative virtue, will not be responsible for the bailiff. In the discussion of this relationship, based on the method of analogical reasoning, it was determined that by emphasizing this theory, the responsibility of the judicial officer who secretly infiltrated the criminal groups in disguise and committed a typically criminal act while collecting information was removed. Branke's conditional: the judicial officer must observe the principle of proportionality in the emergency situation and not be the cause of the extraordinary situation. Moreover, in this research, it was found that the condition of exigency and good performance of duties can relieve the officer's responsibility during the implementation of covert operations.
Machine summary:
Therefore, in this research, which is based on a descriptive-analytical method, the role of the theory of "virtuous participation" in removing the criminal liability of the general officers of the Judiciary while performing undercover disciplinary, security, and intelligence missions has been evaluated.
Based on analogical reasoning, it was determined that by emphasizing this theory, the liability of a judicial officer who has undercover infiltrated criminal groups and committed a criminal act while performing their duty can be removed, provided that the judicial officer observes the principle of proportionality in a state of necessity and is not the cause of the emergence of the extraordinary situation itself.
A prominent example of this can be observed in the missions of intelligence, security, or disciplinary forces within criminal groups in disguise to obtain accurate information or to prevent organized crimes, where, while performing their duty secretly, a judicial or disciplinary officer participates in the occurrence of a criminal act, resulting in a crime or psychological damage and wounding the public conscience.
The main hypothesis of the present research is based on the premise that the theory of virtuous accomplice is a fair solution in the realm of criminal law and criminology that, while reducing the attribution of criminal acts to the operations of judicial officers, increases the importance of the psychological element of the commission of a crime for the judge and will bring the instances of participation in crime under a narrow view.
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