The legal nature of multiple offenders Comparative Study

Dr.Ali Hamza Asal Al-Kafaji, P.; Takleef Mageed Al-Amari, Dr.Nafe

	The legal nature of multiple offenders Comparative Study
AL- Mouhakiq Al-Hilly Journal for legal and political science
Article 1, Volume 10, Issue 2, 2018, Pages 275-319
Authors
P. Dr.Ali Hamza Asal Al-Kafaji; Dr.Nafe Takleef Mageed Al-Amari
Abstract
Multiple offenders in all crimes, whether committed by the only actor from the perpetrator and the one and the contribution of several perpetrators of the offenses or the multi-actor crime that requires to verify the legal form of criminal activity committed by multiple perpetrators. It is intended multiple offenders commit several people of a crime on our previous agreement or understanding and different roles played by the perpetrators, according to the organizational structure of the crime committed, as one of them is the role of the leadership of the perpetrators or the organization of the gang or criminal profile and its foundation. And have a multiplicity of perpetrators several elements which perpetrators agreement and quorum numerical The purpose of the agreement and pluralism, as it can not talk about multiple offenders without an agreement by them to commit a crime, and that this be agreed by a number of perpetrators, as should the number of offenders defined in line under the text legal and which should not be less in all cases, for two people, and all of the perpetrators are enjoying the will of considering a law, and it should be the purpose of the agreement and pluralism is a crime. The nature of the contribution of the perpetrators in the commission of the crime vary whether their contribution is necessary to commit the crime or contribute occasional commission, where is in the first plurality necessary any element of the crime, namely that the nature of the material element of the crime requires an activity more than an actor so that it can not be achieved single-handedly words Other that materialism sides crime requires a multiplicity efficiency activities, while in the second it is the multiplicity is not necessary any element contributing to the crime, meaning it does not contribute to the crime, but Pthakgah where assumes a multiplicity of perpetrators who committed the crime and different forms of criminal behavior committed by them depending on the role that carried out by each shareholder in the crime that he is required to be one behavior at least from these multiple activities based physical implementation process of the crime. Multiple offenders is also an aggravating circumstance, but the legislator did not decide the general rule as an aggravating circumstance years of punishment, but selects some crimes as far as the multiplicity Jnatha in terms of seriousness own Afeedh aggravating circumstance as is the case in the crime of robbery, rape, lies the legislative wisdom of emphasizing that diversity forcing the victim to comply for fear of the use of force when necessary, leading to facilitate the commission of the crime, as it is a manifestation of criminal conspiracy as well as it shows the ex-thinking and design, so it is not an objective circumstance of being a personal relation to the commission of the crime.
Keywords
The legal; Nature; multiple offenders; comparative study

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