mohammad hadi sadeghi; farzad tanhaee
Abstract
The freewill of offender in the crime, although often is considered as an important part in establishing criminal responsibility, but the concept that it will usually is ambiguous and mixed with ambiguity So sometimes instead of the will have been used intent,consent and the like and This position in ...
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The freewill of offender in the crime, although often is considered as an important part in establishing criminal responsibility, but the concept that it will usually is ambiguous and mixed with ambiguity So sometimes instead of the will have been used intent,consent and the like and This position in the general theory of crime and criminal responsibility has been challenged. In this article we have tried using legal sources and standards, while explaining the concept of the meaning of "freedom of choice", is distinguished it from other similar concepts and Unlike most concepts, the role of freewill and the decline in the wavering elements of crime be examined. The nature of freewill is an important issue that has received less attention in legal publications. Although the debate about the freewill and its role in human responsibility is as old as human life and to have multiple dimensions, in various sciences, including philosophy, theology, psychology, ethics and law is discussed.
Iman Mohtaram Qalaati; Jalal Aldin Ghiasi
Abstract
The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot ...
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The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot define material and mental of elements of the crimes transparent and clear, although it seeks to create a general rule for mental element of all crimes in the jurisdiction of the Court; and still there is a lot of uncertainties on them. These uncertainties challenging the interpretation and implementation of mental element related issues in the Statute. Defining and separating primary and essential parts of mental element In Article 30, this paper examines and discusses the relationship of these elements with the behavior, condition and result of crimes within the jurisdiction of the Court.Key words: Rome statute, mental element, intent, knowledge, willing.
