kiomarth Kalantari; reza hadizadeh
Abstract
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 ...
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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.
zahra feiz
Abstract
In spite of the notorious jurisprudential view that the inheritance of the right of retribution for couples is reserved for other heirs, the legislator, in Article 351 of the Criminal Code, considers that the couples are deprived of this right. It seems that most of the Imams have been sentenced to this ...
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In spite of the notorious jurisprudential view that the inheritance of the right of retribution for couples is reserved for other heirs, the legislator, in Article 351 of the Criminal Code, considers that the couples are deprived of this right. It seems that most of the Imams have been sentenced to this ban only by citing and relying on the reason for the consensus without considering that the sentences were influenced by the pre-Islamic Arab community.The present study, while criticizing the reason for the alleged consensus and other arguments for the exclusion of couples from the right to qisas, has proven that the validity of the alleged consensus has not been proved and is not capable of coping with publicity and communication; and, accordingly, the said evidence to exclude couples from The right to retaliation is not sufficient and, based on evidence such as the signature of the reprisal sentence and the changes in the status of couples from the time of the decree to the present, prove the couples' equal status with relative relatives in enjoying the right of retribution;
Abstract
At Murder, Holders of the right to qisas, Can request that a murderer be executed or By agreement with the killer, Qisas will convert to blood money. also, they Can pardon the murderer And forgive murdeder. In addition, In manslaughter,There is also the right to demand blood money And the right of forgive. ...
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At Murder, Holders of the right to qisas, Can request that a murderer be executed or By agreement with the killer, Qisas will convert to blood money. also, they Can pardon the murderer And forgive murdeder. In addition, In manslaughter,There is also the right to demand blood money And the right of forgive. Now the question is that If murdered is debt, Are these rights will be continued? In response to the question, Regarding the relationship between Qisas with public order And the supremacy of public interest over private interests, Right to qiṣāṣ is preferable. However, Blood money is in front of murdered's right to life, For this, is Placed in murdered asset. As a result, Blood money should be used to pay debt of murdered. Forgiveness of murderer without compensation, is Unlike normal behavior. For this,The fault is considered. As a result,They have no right of Forgiveness of the murderer Unless they obtain the consent of creditors
Hasan Moradi; Ali Shahbazi
Abstract
One of the main constituents of murder is mens rea or mental element. Actually, the difference of murder and involuntary manslaughter is mens rea which has different components including general ill will (intention of behavior or the purpose of action) and particular ill will (intention of the result ...
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One of the main constituents of murder is mens rea or mental element. Actually, the difference of murder and involuntary manslaughter is mens rea which has different components including general ill will (intention of behavior or the purpose of action) and particular ill will (intention of the result or purpose of the result). The current paper, in addition to explaining mens rea of murder, analyzes the knowledge and volition as the first and the most important components of mens rea and also the status and role these two components. This paper concludes that although the Islamic Penal Code (2012) comparing with former codes has innovation, has still some failures. Hence, there are some issues which shall be rethought about them including: murder by omission, attention to leaving an action in murdering, affirmation of the action purpose done on victim as the authentication of intention in crime, voluntarily behavior in murder and also making difference between first degree murder (premeditated killing) and second degree murder (non-premeditated killing).
Abbas Mohammad Khani
Abstract
It is doubtless that murder is normally committed by an act. In the Iranian criminal law literature, criminal act with regard to murder has been divided into physical and non-physical act without precise definition and determination of criteria of these two acts. As a consequence, they are not clearly ...
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It is doubtless that murder is normally committed by an act. In the Iranian criminal law literature, criminal act with regard to murder has been divided into physical and non-physical act without precise definition and determination of criteria of these two acts. As a consequence, they are not clearly distinguished from each other. Hence, there are some criminal conducts that do not fall within these divisions. The reason is the considering hitting or non-hitting on victim's body and the type of injury as a measure of the distinction of these two acts. In the present essay, after defining and distinguishing the physical and non-physical acts, attempt has been made to classify the acts into physical and non-physical on the basis of the nature of the committed act, regardless of the result. In addition, hitting or non-hitting of the act on victim's body and physical and moral damage has been taken into account only in classifying the physical act.
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.
