نوع مقاله : علمی پژوهشی
1 دانشجوی دکتری حقوق جزا و جرم شناسی دانشکده حقوق دانشگاه قم
2 دانشیار دانشکده حقوق دانشگاه قم
عنوان مقاله [English]
The role of the means rea in the realization of intentional crimes is undeniable and it is absolutely necessary for the attribution of the crime to the offender, regardless of the realm of national or international law. An important document in this regard is Article 30 of the Statute of the International Criminal Court and the practical procedure of this Court. But the important question that is constantly being asked is how is the means rea of the abet crime in international crimes organized? First of all, it seems that there is no need for the means rea of the perpetrator and his abet to be the same, and the mere knowledge of the abet is sufficient for the occurrence of the crime. Secondly, there is no need for the existence of the mentioned spiritual element to be obvious, but it is possible that with the help of all the circumstances, the abet's intent to be discovered and the spiritual element will be revealed. Finally, in order to form the means rea of the abet in crime, negligence and severe negligence must also be included in the category of intent in the abet.