مشارکت در جرم قتل شامل مفهوم گسترده ای است و حتی ممکن است فرد به طور مستقیم شریک قتل نباشد
در صورتی که دو یا چند نفر به صورت معنوی یا مادی در جرم قتل دخالت داشته باشند، شریک هستند.
البته برای این که دو یا چند نفر شریک جرم قتل به حساب بیایند و مجازات شوند باید حتما مشخص و ثابت بشود که آن ها ضرب و جرح انجام داده اند
یا این که آیا واقع به صورت غیرمستقیم در قتل دست داشته اند یا نه و این که آیا مرگ مقتول واقعا به خاطر دخالت آن ها بوده است.
بر اساس قانون این که کسی به مشارکت در قتل محکوم بشود شرایطی دارد.
از جمله این شرایط:
علم و عمد. یعنی کسانی که در جرم قتل شریک هستند هم هنگام ارتکاب به جرم
از رفتار نادرست و غیر قانونیشان آگاه اند و هم این که نیت و هدفشان آسیب رساندن به مقتول بوده است.
انجام عملیات اجرایی. عملیاتی که هر جرم طی آن انجام می شود و کسانی که در آن دست داشته اند مشخص است.
معاونت یک نفر در جرم قتل به این صورت است که او به صورت مستقیم و در عملیات اجرایی یا کارهای قبل و بعد از ان دخالتی نداشته است
اما به افرادی که قصد و نیت انجام این جرم را داشته اند کمک کرده است.
کمک های او ممکن است به صورتی باشد که در ماده قانون چهل و سه قانون مجازات اسلامی پیش بینی شده است.
تفوت معونت با مشارکت این است که کسی که شراکت می کند در انجام عملیات هم دخالت دارد.
مجازات شراکت در قتل چیست؟
مجازاتی که برای شراکت در جرم های تعزیری و باز دارنده در قانون تعیین شده است بر اساس ماده قانون 125 به صورت زیر است.
کسی که با دانش قبلی و از روی قصد و نیت با فرد یا افرادی در انجام این جرم ها شراکت داشته باشد و شریک جرم محسوب می شود و همه به به یک اندازه محکوم می شوند.
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