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Title: Accessorial liability as part of the doctrine of criminal complicity in English and United Arab Emirates criminal law
Author: Almansoori, Khalid K. A.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2001
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Accessorial liability is part of the doctrine of criminal complicity which provides a set of general legal rules that govern partnership in crime. This well-established type of criminal liability, which is considered to be one of the more important features of criminal law, focuses on the liability of secondary parties who either encourage, help or conspire with a principal who brings about the conduct element of a crime. Accessorial liability, which in this regard, is derivative in nature, requires the principal to commit or at least attempts to commit the crime. It is also subsidiary or ancillary in nature, and thus is often assumed to be less serious than the liability of the principal. One might think that the concept of accessorial liability is stable; in fact it is not. The discussion of the general concept of accessorial liability is useful not only in resolving problems that arise in individual cases but also in terms of clarifying how can legislation, concerning crimes such as money-laundering or drug trafficking, might deal with the problem of multiple offenders. In this thesis we shall examine accessorial liability from the general viewpoint without connecting it to a particular crime in both English and UAE criminal law. The thesis is divided into five chapters. The first examines the required conduct element. The second discusses the ambit of causation and omission in accessorial liability. The third chapter examines the general requirements of criminal mens rea; the mens rea requirements for accessorial liability and other related and important issues to elaborate the circumstances that make a person a secondary party. These include: the debate as to intention against knowledge or recklessness, the issue of knowledge of the principal offender's future crime, and the problem of interpreting the Federal Penal Code of the UAE (F.P.C.). Finally, a view is developed as to what approach the law should follow in this area. Chapter four discusses accessorial liability for an additional crime committed by the principal (the doctrine of common purpose), while chapter five examines certain important issues related to accessorial liability such as the liability of the principal offender, the derivative theory, the English Law Commission Paper No. 131 on the new offence of assisting and encouraging crimes, and the doctrine of innocent agency. Final comments are concerned with examining selected defences available to accessories.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available