المسؤولية الجنائية عن التوائم المتلاصقة : دراسة مقارنة

Abstract EN

Consistent twins (Siamese) mean adjoining twins and have stuck while in the womb of the mother, and sometimes die before birth, and this situation is a bit rare.

The Siamese twins may live briefly either in the womb or shortly after birth or for a long period, This is the last subject of our research, especially when committing one or both crime.

Twins are closely associated with the old name of Thailand, with the twins Twin and Chang Bunker known for not contributing to the crime as an actor or partner who remains immune from punishment.

There must be a material relationship between the crime and the human behavior of the person responsible: the perpetrator must contribute to his personal crime, and that there is a causal relationship between the act of contribution and the criminal result of the street in criminalization and punishment.

Therefore, the origin of the crime is that the penalty is not to be borne by anyone who is convicted as responsible for it.

It is a punishment that must be balanced with the nature and subject matter of the crime, which means that the person visits nothing but his bad deeds.

Except that it is a crime, and that the "character of the punishment" and its suitability to the crime are "linked to the person responsible for committing the crime." The person is not responsible for the crime and does not impose punishment on it except as an actor or partner.

As a partner to the other, and therefore do not have a criminal contribution.

It is important that there are increasing cases of the birth of close twins, which is in dire need of a statement of the provisions related to them, as well as showing the interest of jurists, researchers and legislators in such cases and their care was not required, perhaps as a result of their omission or lack of approach and take a neutral position towards it, The criminalization of these is one of the top priorities of criminal legislation.

It is also important to know the legal status of a pair of conjugated twins if one of them is convicted of a crime.

Are both punished? What is the role of comparative legislation in dealing with such situations? This is truly an impossible situation for most modern judicial systems.

How do twin twins, who are separated heads and one body, are treated, and the twins control half of the body and do not know what the other feels and commit one of the twins for a crime, The other twins are also condemned? The main purpose of the research is to not punish the innocent for a crime not committed by them in accordance with the principle of the uniqueness of the punishment and the principle of personal punishment and the circumstances and circumstances of the crime and to make the punishment for the guilty twin consistent with his medical condition, That the law governs the community with a vacuum in real cases, even if it is rare to fall because the law is designed to protect everyone through appropriate penalties for breach and violation of the interests of others, and on the basis of the principle "No crime or punishment except by text ".

The problem of research lies in the following questions: Does penal legislation, including criminal legislation, impose sanctions on the compatibility of the crime and exempt the other? Will we be a genuine contribution, especially in relation to the presence of the crime scene partner? Do we have a subordinate contribution when one of the twins is inciting or agreeing to the other? Is there a moral element (science and will) in one without the other or both? Is the judge's abstention from considering these cases to be a failure to fulfill the right, and a denial of justice? Is anyone responsible for the work of the other, as in civil law? All these and other questions we will try to answer them through research in the folds of some legislation when the imposition of punishment on the perpetrators This is a gap in the criminal law in the Arab countries in general and in Iraq in particular, especially in reference to some things related to the conjoined twins by Islamic jurisprudents, The adjacent twins carry different names and different sexual, if we are in front of them from the chest and down any separation of the two heads.

We will discuss this subject through two topics, we address in the first to the identity of the twins and the relationship through two requirements.

First we touch on the concept of twins and the second in the second, the second we address the criminal responsibility and based on the corner of the (cognitive and will), and through two We look at the first responsibility and the second on the penalty imposed and proposed to them when convicted by the judiciary.