Dr. Hozan Hassan Mohammed
Criminal law Lecturer
College of Law, University of Duhok, Iraq

Abstract:

The partner’s remote monitoring of the crime scene using surveillance cameras can only fall within the framework of criminal contribution, and therefore the aim of the research is to indicate whether the aforementioned surveillance is an original contribution or just a dependent contribution, by following the method of the analytical and comparative study in addressing the subject, and knowing the correct legal adaptation of the incident of the accomplice monitoring the crime scene from a distance, because this is of paramount importance, especially for the courts, in determining the legal text to be applied to them.
It is shown throughout this research that crime scene is not limited only to the location in which the criminal committed his complete crime, nor is it limited only to the location where crime traces were discovered. Rather it extends to include other locations where the contributors to the crime committed their criminal activity as planned for them in their criminal plan, and regardless of whether these locations are connected to each other or are far apart from each other.
If monitoring a crime scene is originally classified within helping activities of crime commitment, specifically facilitating or completing activities which make the one who commits these activities a partner, meaning a dependent contributor and not the original perpetrator, but since the monitoring activity is being conducted at the same timeframe and the nature of means used in this activity which sends a real and detailed picture of the crime scene to the partner that makes him feel he is existing there, which gives an impression to the original committer that his partner is close to the crime scene and is in control of all movements happening there and he can intervene to send an alarm on any dangerous risk on time, this results in an encouraging contribution and protection to the original committer.
The research reaches the conclusion that the partner monitoring a crime scene remotely by using monitoring cameras is considered the same as the other partner existing in the crime scene. Therefore, he is considered an original contributor not just a helping partner. The research recommends to the Iraqi legislature to reformulate article 49 of the Iraqi Penal Code to include the position of the partner monitoring a crime scene while being several miles away from it, in order to avoid jurisprudence and inconsistency in judicial rulings.

Keywords: criminal contribution, crime, perpetrator, modern technology, crime scene, crime traces.

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