عنوان مقاله [English]
This article deals with the murder in the law of Iran and England. In the law of Iran and England respectively according to Section 375 of Islamic Criminal Act and “Howe” case, duress defense isn’t available in murder. Accordingly, if someone wants from a person to commit murder by threatening him with murder, there is no possibility of resorting to duress defense in laws of Iran and England; However duress to murder may be in various forms such as "duress to grievous bodily harm that leads to murder", "preserving more people by committing murder", "specific circumstances of the person being threatened" and " impending death of the victim". In these cases, duress seems to be accepted in Iranian law.
The British law approach is in some ways stricter than the position of Iranian law; because in this country, although considering the case of conjoined twins, it is possible to accept duress defense in some instances where the death of the victim is imminent; However, in English law, in contrast to Iranian law, duress defense in other cases such as duress to kill one person in order to save several people is unacceptable.