Mostafa Jabbari
Abstract
تصور کنیم در پروندة قتل عمدی ولی دم خواستار قصاص شده و حکم برابر قوانین صادر شده و قرار است اجرا شود ، پس از لحظاتی از اجرا و پیش از آن که مجرم "ازهاق نفس" شده وزندگیش پایان ...
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تصور کنیم در پروندة قتل عمدی ولی دم خواستار قصاص شده و حکم برابر قوانین صادر شده و قرار است اجرا شود ، پس از لحظاتی از اجرا و پیش از آن که مجرم "ازهاق نفس" شده وزندگیش پایان پذیرد ولی دم اعلام گذشت می کند و نیروهای حاضر در صحنه برای پایین آوردن محکوم علیه از دار مجازات تلاش می کنند. این احتمال قویا وجود دارد که مجرم آسیبی جدی دیده و متحمل ضرری در بقیه دوران حیات خود شود. البته تردیدی نیست که دامنة این دیگران و حتی جامعه را هم فرا می گیرد. بدین سان اولین پرسش این است که آیا اصولاً ولی دم می تواند در این مرحله اعلام گذشت کند؟ برای احتراز از تبعات ناخوشایند گذشت در این مرحله آیا بهتر نیست ولی دم را ملزم کنیم تا پیش از آغاز مرحلة اجرایی قصاص تصمیم قطعی خود را بگیرد؟در این مقاله سعی کرده ایم یک تأمل انتقادی در این موضوع داشته باشیم تا بلکه بتوان راهی برای اصلاح وضعیت موجود در جامعه گشود.
Abstract
The modern criminal law is based upon four key principles: the principle of legality, necessity of committing the act, fault principle and the principle of personal criminal responsibility. In fact, these principles have been arisen to achieve justice in the realm of criminal law. According to the last ...
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The modern criminal law is based upon four key principles: the principle of legality, necessity of committing the act, fault principle and the principle of personal criminal responsibility. In fact, these principles have been arisen to achieve justice in the realm of criminal law. According to the last principle, everyone is responsible only for behavior that is personally committed and no one can be taken to task for other’s behavior. However, a new category called “vicarious criminal liability " has been raised in modern criminal law which seems to contradict with the last principle. Some lawyers arguing that the issue is an exception to the principle of personal criminal responsibility have tried to defend it. The basis of this view is that they were mistaken in understanding the concept of “vicarious criminal liability “. Such mistake in conceptology has given rise to the new mistake on the scope of this type of criminal responsibility. In this article, explaining the common and erroneous interpretation of the concept, we have tried to draw the real concept and scope of this type of criminal responsibility.
Abstract
Committing physical behavior is a prerequisite in realization of criminal liability in criminal law. So that nowadays the criminal thought is not a punishable crime in any legal systems of world. Therefore, the criminal responsibility will be created when a man passing by his criminal thought actually ...
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Committing physical behavior is a prerequisite in realization of criminal liability in criminal law. So that nowadays the criminal thought is not a punishable crime in any legal systems of world. Therefore, the criminal responsibility will be created when a man passing by his criminal thought actually do a behavior that the legislator has prohibited it. Nevertheless, it can not be inferred from this rule that committing a physical behavior is a sufficient condition for the realization of criminal liability. Although the former is essential for the later, but it is not enough and it is necessary that this behavior is done with a free will. Accordingly, when offender has no will in doing that behavior, no criminal liability will be fulfilled. This sentence will include simultaneously the strict liability crimes and the crimes needing a mental element. But the important point here should be regarded is detecting that whether the accused had committed the act voluntarily or not. In this article, we have tried ,with a philosophical analysis, to determine the necessary components of voluntary behavior in order to be recognized the involuntary one. It is important to distinguish involuntary behaviors just because it will make the offfender unpunished.
modjtaba jafari
Abstract
Being one of the sexual offences which today is criminalized in almost any countries, the crime of rape include an important element that is use of force by the offender to have a sexual relation with some one else. Accordingly, although the victim will certainly defend her self, but ...
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Being one of the sexual offences which today is criminalized in almost any countries, the crime of rape include an important element that is use of force by the offender to have a sexual relation with some one else. Accordingly, although the victim will certainly defend her self, but ultimately this is the offender who overcome the defender and will reaches to his purpose. During the last decades that this behavior has been criminalised in the world, some questions have been leaved without any answer in the mind of the legalists and the public opinion. One of the most important question in this area consist of a concept concerning the "victim consent" in the crime of rape. In other word, the question is that what is the" victim consent"? and what we mean by the "lack of consent" as one of the principal elements of the crime of rape? In a wish of doing a critical analysis of the Iranian situation about the subject, we will try to reconstruct the Iranian rape law by flowing a comparative study between Iranian and England rape law. Our purpose will be to harmonise the positive law with the modern facts of society. This critical study will be finished by proposal of some necessary reforms in the Iranian rape law
