Ahmad Hajidehabadi; Ali Asgari Morovat
Abstract
It is possible to commission of quasi-intentional felony, the subject of three clauses of article 291, by omission with this condition that the most prominent example of felonies is to be committed by the omission in C section (falseness) of this article. In clause (a) and (b) of this article, the behavior ...
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It is possible to commission of quasi-intentional felony, the subject of three clauses of article 291, by omission with this condition that the most prominent example of felonies is to be committed by the omission in C section (falseness) of this article. In clause (a) and (b) of this article, the behavior is not effective and can consist of action and omission. The most challenging part of this research is the possibility of commission of simple mistake felony by omission. The commission of simple mistake felony, the subject of clause (a) of Article 292 is not possible by omission, since in this assumption, or the perpetrator is not responsible for the lack of the condition of ability or, in the case of liability, the crime is intentional or quasi-intentional. In clause (b) of this article, if the minor is undertaking in accordance with Article 85 of the Non-Litigious Matters Act, and a felony is committed by commission, this is simple mistake felony. Finally, although the commission of simple mistake felony, the subject of clause (c) of Article 292, is rare by omission, but it cannot be falsified.
Abstract
The omission of the crime has always been one of the issues disputed in legal literature. Legislator in Article 295 of the Penal Code in 1392 allows crime by omission accepted and the conditions for the realization of this type of criminal behavior considered; But what has been said in this article about ...
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The omission of the crime has always been one of the issues disputed in legal literature. Legislator in Article 295 of the Penal Code in 1392 allows crime by omission accepted and the conditions for the realization of this type of criminal behavior considered; But what has been said in this article about the omission is subject to leave and not absolute act of omission; In no event will the liability would leave it to the apex of the result will not be because the omission of occurrence of loss, only the 'condition' and the behavior of the results will not be about citation. In addition, it seems that the provisions of Article 295 are incompatible with the law and logical in some ways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. ..
