The Problematic of the Intangible Perpetrator in Criminal Participation

Abdul Wahid, Dalia Mohammed

doi:10.63677/jqlap.2025.166359.1474

	The Problematic of the Intangible Perpetrator in Criminal Participation
AL-Qadisiya Journal For Law and Political Sciences
Article 37, Volume 17, Issue: 1 part 1, March 2026, Pages 833-846 PDF (766.57 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.166359.1474
Author
Dalia Mohammed Abdul Wahid^*
Nahrain University
Abstract
The theory of the moral actor is one of the most complex topics in the theory of criminal participation, as it raises subtle issues related to the extent of the responsibility of those who control the execution of the crime without physically committing it. While criminal law has traditionally established that the actor is the one who carries out the material element of the crime, the development of crime and the complexity of its methods of perpetration have revealed a flaw in this concept. This research seeks to define the legal basis for the theory of the moral actor, analyze its essential elements, and demonstrate the extent to which the theory applies to crimes of omission and error, in addition to addressing the problem of proof, thus enhancing the work of the judiciary. The research plan was consistent with the nature of the topic and its problematic aspects. It was divided into two main sections: • Section One: The Concept of the Moral Actor • Section One: The Moral Actor and the Forms of His Intervention in Crimes • Section Two: The Subjectivity of the Moral Actor Theory • Section Two: The Limits of the Moral Actor Theory • Section One: The Moral Actor in Crimes of Omission and Error • Section Two: The Problem of Proof in the Moral Actor Theory

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