Mehdi Fazli; Adel Sarikhani
Abstract
The word"Similar" in crimes agains human body first was used in Article 290 of Islamic Pneal Code of 2013 of Iran and has no background in Fiqh (Islamic rules) and previous laws. Having no legal-Fiqhi background, this word has caused many ambiguities; at first glance it seems that this word has increased ...
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The word"Similar" in crimes agains human body first was used in Article 290 of Islamic Pneal Code of 2013 of Iran and has no background in Fiqh (Islamic rules) and previous laws. Having no legal-Fiqhi background, this word has caused many ambiguities; at first glance it seems that this word has increased the scope of intentional crimes against human body and obscured the boundaries of mistake in such crimes. Through the paper, using a descriptive-analytical method, authors have reached to this result that “similar felony” in crimes against human body only includes crimes committed to unwanted limbs of a wanted victim with similar or lower consequences than offender’s intention and it excludes unwanted crime against an unwanted victim. Such crimes sometimes are inherently intentional and sometimes supposedly. However it is necessary that legislator amends this ambiguous word and enacts a specific article to elaborately expresses that mistake in committing crime to unwanted limb of a victim in an intentional crime which leads to similar or lower consequences than offender’s intention to other limb, would be intentional.
Hadi Rostami
Abstract
Obtaining of causation between act and result, in particular in case of a multiplicity of causes especially in the premise of multiplicity of factors and instruments is one of the most difficult issues in the criminal law and civil responsibility. When multiple people at different times (longitudinal) ...
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Obtaining of causation between act and result, in particular in case of a multiplicity of causes especially in the premise of multiplicity of factors and instruments is one of the most difficult issues in the criminal law and civil responsibility. When multiple people at different times (longitudinal) are involved in the felony and a relatively long period of time is created between the interveners' behavior and the result of it (such as murder), this subject appears as a serious problem and sometimes as an unsolvable dilemma. Penal code act of 1392 has also mostly attempted to provide solutions under certain conditions instead of offering a clear criterion. Accordingly, in the case of intervention of direct multiple individuals in the same time, the result is put into account all factors and otherwise, may be responsible for recent perpetrator or first or both. Also, in case of more than indirectly involved multiple factors simultaneously all equally are responsible and otherwise, Otherwise, on the condition that felony is unintentional, the person who is responsible to intervene earlier. In addition, the direct and indirect involvement in the community, without being presented certain criteria, factors that damage or crime attributed to him, is responsible.
