Criteria for Distinguishing Incitement as a Form of Criminal Participation From Incitement as an Independent Crime

Abstract

The crime is either committed in its simple form, which consists of the perpetrator and the victim, so that the crime is the result of the activity of one person without the participation of another in committing it, or it is committed in its composite form by committing several people in one crime, then we are in front of the criminal contribution, and in the criminal contribution, it is not necessary that all the perpetrators participate in the material work in the occurrence and completion of the crime, but there may be those among them who are the planners and planners to commit it without committing any material work, and it is called the one who plans and plans Because of the crime of (the instigator), the Iraqi legislator considered the instigator an accomplice in the crime despite not participating in the material work, i.e., making incitement a form of criminal contribution, and this is the common form of the crime of incitement, but there are special cases in which the street considered incitement an independent crime, and this raises questions that need to be answered, such as: When is incitement considered a form of criminal contribution, and when is it considered an independent crime? And what is the difference between them? What criterion can be relied upon to differentiate between them? In order to answer these questions and to be familiar with the subject of the research, we decided to divide this study into two topics, the first topic came to serve as a framework that brings together various concepts of the crime of incitement in terms of its definition, types, elements, and the explanation of modern means of incitement, while the second topic examined the crime of incitement in both types, i.e. as an independent crime or criminal contribution, and then we set out the criteria through which we believe that it is possible to distinguish between the two types of incitement.