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Participation in crime By: Abdullah Alsuhaymi

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10 أكتوبر 2023

Participation in crime

Participation in the crime is an important matter carefully considered in Saudi Arabia's penal system. There is a variety of types of participation in the crime, including incitement to commit the crime, agreement on its implementation or assistance in its implementation. In this article, we will analyze the legal concept of participation in the crime and the conditions of verification, In addition to some related articles in Kingdom's regulations.

Legal concept of participation in crime:

Participation in a crime is defined as actual or inaccurate cooperation between one or more persons in the commission of a particular crime. Participation includes acts that contribute to the planning and preparation of the crime, incitement to its commission, agreement to its implementation or contribution to its implementation. Participation in crime is regarded with the same seriousness as the main criminal; Therefore, it is enduring legal consequences equivalent to the original crime they participated in.

Conditions of participation in crime include:

•           Existence a major crime: major crime existence either felony or misdemeanor actually occurs

•           Law: There must be a clear main act provided for in the criminal law subjected as participation in crime.

•             Causation: There must be a causation between the participant's act and the execution of the crime, where the participant contributes directly or indirectly to the execution of the crime.

Legitimate and systematic basis for participation in crime:

The Kingdom's regulations contain many legal grounds and statutory materials relating to participation in crime.

The hadith about Omar Rahimullah's son in connection with the killing of Ghaila is one of the examples that illustrates one of the cases of participation in the crime according to the legitimate perspective that is one of the foundations on which Saudi law and jurisprudence depend. The murder of child took a place, when Omar Ben Khattab said: "If the people of Sana 'a participate in it, I will kill them" this hadith is expressing the importance of avoiding such crimes and that the penalties of participates are no less than those of the original criminal.

This article underscoring the importance of defining participants' role and imposing punishment on them in order to justice.

Penalties of participation in a crime is vary according to the type and degree of the crime, In addition to the participant's role in the commission of the crime. In the Kingdom's regulations, there are many articles regulating the penalties of participation in various crimes. For instance, in the Law of Combating Narcotics and psychotropic Substances, Act. 58 stipulates that: "Anyone who participates in the commission of any of the acts set forth in clauses 5, 4, 3, 2 and 1 of Act.3 thereof shall be liable by the same crime, whether by agreement, incitement or assistance. It specified penalties aimed at combating Narcotics and psychotropic substances According to this article, anyone who attempts to possess, detain, buy, sell, deliver, transport, plant, produce, extract, separate or manufacture narcotic substances or psychotropic substances, whether for the purpose of trafficking in them or for the promotion or for free , shall be liable. In this case, the penalty ranges from 10 to 20 years' imprisonment and a fine of at least 100,000 to 300,000 SR.

The penalties specified in paragraph (1) of Article 38 of the same law are tightened for anyone who prepares a place for consideration or manages it for drug or psychotropic substance use. The person who manages or organizes such a place for the purpose of drug or psychotropic substance use is subject to strict penalties aimed at combating and curbing the spread of this crime.

Likewise, Article 21 of the Penal Code for Forgery Crimes states that if a person participates in any form in a forgery crime, they will be subject to the same penalty imposed on the main perpetrator of the crime.

The Cybercrime Prevention Law in Article 9 includes penalties that apply to participants in cybercrimes. This includes individuals who incite, assist, or conspire with others to commit any of the crimes listed in this law. If the crime occurs based on this incitement, assistance, or conspiracy, a penalty not exceeding the maximum prescribed for the original crime will be applied. The penalty will not exceed half the maximum if the original crime does not occur.

It is evident from the above that imposing penalties on crime participants is necessary for achieving justice, as they contribute to the direct and indirect execution of crimes and may have a significant impact on the outcomes and consequences of these crimes. Therefore, any organization should take strict measures to combat participation in crimes and apply appropriate penalties to participants, regardless of their actual role in crime execution.

In conclusion, participation in crime constitutes a complex legal issue that requires careful and comprehensive study. The focus should be on analyzing the necessary conditions for participating in the crime and the resulting penalties to ensure the application of justice and the enforcement of the law.

Despite the need for the legal system to effectively combat crimes and participation in them, it is important to consider the authentic popular culture of the society, such as the willingness to help unconditionally. People readily assist when someone asks for help. Therefore, an educational role might be suitable in the community, aligned with interrelated social relationships through kinship or otherwise, which compel individuals to provide assistance.

The question arises as to whether the methods for determining participation in crime are suitable for the culture of the society. This requires a deep social study that explores different aspects of this issue from a neutral academic perspective. This approach can help determine an appropriate solution that reflects the deep cultural values of the society.

Abdullah Alsuhaymi

Alsuhaimi660@gmail.com

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