Document Type : Research Paper
Authors
Abstract
Abstract
Every society reacts in certain ways to criminal acts such as murder. In this
essay, the reaction of Afghani legal system to the crime of murder and
elements of murder will be examined. Firstly, through the introduction,
different types of punishment prescribed in Afghani Criminal Act will be
addressed, as well as the issue of implementation or non-implementation of
Qisas (religious punishment providing that murder’s blood must be shed)
which has given rise to ambiguity in punishment of murder. Under the
heading of Mens Rea in the first book of the Afghan Criminal Act, the
concepts of criminal intention and contingent intent have been recognized.
Thus, crime of murder, accordingly, can be categorized into murder in the
absolute sense and presumed as a murder. In the first part, the punishment
for the murder in the absolute sense and the impacts of exacerbating
circumstances on that will be considered. The second part will be dedicated
to the analysis of the presumed murder. Finally, the consequential and
complimentary punishments and civil liability arising out of the murder will
be briefly dealt with in the third part.
Keywords
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