Document Type : Research Paper
Author
Faculty of literature and Islamic sciences university, Razi university, Kermanshah, Iran.
Abstract
The victim's effective role in the occurrence of many crimes has led to the creation of the defense of provocation based on two subjective or objective approaches and has been considered one of the mitigating factors for the manslaughter rather than murder. As a partial excuse the behavior of a murderer due to a mental disorder is less blameworthy than a murderer who killed in cold blood; However, in the case of loss of will control resulting from sexual or ethnic prejudice, it does not provide a clear answer for criminal liability. As partial justification considering the victim's behavior, it has sought to partially justify the killer's behavior, but murder without heat of passion is not justified. This article in descriptive and analytical study, aims to research based on “the victim's aggressive act”, the exclusive solution to the theoretical challenges of the provocation is to consider a share of the punishment for the victim; as in the theory of “Qisas” in Islamic law. According to the findings of this study that the victim will not have the right of Qisas if he has started the aggression and the provocation.
Keywords
- Abolition of Qisas
- Provocation
- Partial Justification
- Partial Excuse
- The rule of the victim's aggressive act
Main Subjects
)