in a crime which is committed by one of the means stipulated in paragraph three of
the same article are the one who said the words or who did the writings or the
publisher unless the first proves that the publication was done witout his / her consent.
Article (78)
If a crime is committed through the use of newspapers, the manger in charge is
considered to be the publisher; if there is no manger in charge then the editor or the
chief editor of the newspaper shall be considered as the publisher.
Article (79)
1. Material causes which might aggravate or mitigate the penalty or exempt the
perpetrator from it, shall be applicable to all the partners, accessories and inciters
of the crime.
2. The personal aggravating factors or the dual factors which led to the commission
of the crime shall also be applicable to them.
(2) ◌Inciters
and Accomplices
ِ
Article (80)
1. a. An inciter is a person who induces or tries to induce another person to commit a
crime, by means of money or gift, promise, threat, order, or an abuse of authority
or powers.
b. The liability of the inciter is independent from the liability of the person who
was incited to commit the crime.
2. The following is considered to be an accomplice to a crime:
a. Whoever aids through providing directions towards committing a crime.
b. Whoever provides the perpetrator with a weapon or tools or any other item
that might aid the occurrence of the crime.
c. Whoever aids the perpetrator in carryout the preparatory acts that facilitate or
insure the commission of the crime.
d. Whoever has an agreement with the perpetrator and the accomplices to the
crime prior to its commission and participated in hiding it or dispensing of any
items resulting of it or hiding any person or persons who participated in the
commission of the crime from justice.
e. Whoever has prior knowledge of the criminal history of bandits, who are used
to committing acts of violence against the state security and the public safety
or against persons and property and he / she provided them with shelter, food,
a hideout or a place to meet.
Article (81)
An inciter and the accomplice shall be punished with the following penalties:
1. a. Temporary imprisonment with hard labor from fifteen to twenty years if the
perpetrator is punishable by the death penalty.
b. Temporary imprisonment with hard labor from seven to fifteen years if the
perpetrator is punishable by life imprisonment with hard labor or life detention.
2. In other instances the inciter and accomplice shall be punished with the same
penalty as the perpetrator after it is reduced from one sixth to one third.
3. If the incitement dose not lead to the commission of a felony or a misdemeanor
the penalty stipulated in the previous two paragraphs shall be reduced to one third.