Jafar Kusha; Hamid Gholami
Volume 2, Issue 7 , July 2014, , Pages 9-39
Abstract
AbstractEvery society reacts in certain ways to criminal acts such as murder. In thisessay, the reaction of Afghani legal system to the crime of murder andelements of murder will be examined. Firstly, through the introduction,different types of punishment prescribed in Afghani Criminal Act will beaddressed, ...
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AbstractEvery society reacts in certain ways to criminal acts such as murder. In thisessay, the reaction of Afghani legal system to the crime of murder andelements of murder will be examined. Firstly, through the introduction,different types of punishment prescribed in Afghani Criminal Act will beaddressed, as well as the issue of implementation or non-implementation ofQisas (religious punishment providing that murder’s blood must be shed)which has given rise to ambiguity in punishment of murder. Under theheading of Mens Rea in the first book of the Afghan Criminal Act, theconcepts of criminal intention and contingent intent have been recognized.Thus, crime of murder, accordingly, can be categorized into murder in theabsolute sense and presumed as a murder. In the first part, the punishmentfor the murder in the absolute sense and the impacts of exacerbatingcircumstances on that will be considered. The second part will be dedicatedto the analysis of the presumed murder. Finally, the consequential andcomplimentary punishments and civil liability arising out of the murder willbe briefly dealt with in the third part.
