Partner's Liability for Potential Consequences in Libyan and Comparative Law

Abstract

This research addresses the criminal liability of an accomplice for the potential consequences of their crime. In cases of joint crimes, the crime in which the person participated may lead to the occurrence of another crime, the occurrence of which is likely according to the natural course of events. Legislators have decided to hold the accomplice liable for the second crime, to prevent the accomplice from escaping punishment on the grounds that he did not intend this potential consequence. It is important to note that the general rule stipulates that the perpetrator is responsible for the crime he committed or intended to participate in. Therefore, it was necessary to explore the disputed aspects related to this responsibility, as we clarified the Libyan legislator's viewpoint in comparison with other legislation, such as Egyptian and Iraqi legislation. In addition to reviewing the opinions of jurists to determine the basis of this potential liability, with the aim of determining its scope and stating the legal basis that is consistent with the text of Article (103) of the Libyan Penal Code.