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.
mehdi sabori pour
Volume 3, Issue 10 , April 2015, , Pages 65-87
Abstract
One of the main factors affecting criminal culpability is mens rea and one important element of mens rea is knowledge of law. But this important factor is not exhaustively analyzed in the literature. Three kinds of ignorance of law have been analyzed in this article; one of them is direct ...
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One of the main factors affecting criminal culpability is mens rea and one important element of mens rea is knowledge of law. But this important factor is not exhaustively analyzed in the literature. Three kinds of ignorance of law have been analyzed in this article; one of them is direct mistake of law and two others are indirect mistake of law (or mistake of different law). Indirect mistake of law can be divided into two kinds: First, ignorance of different non-criminal law. In this kind of ignorance, perpetrator is not aware of a civil, tax, custom, marital or other kinds of non-criminal law. This kind of ignorance is an excusing factor. Second, ignorance of different criminal law. This kind of ignorance is not an excuse but can act as a mitigating factor. There is a third type of ignorance, which is exclusive to Iranian criminal law, which is about a canon law. None of these three kinds of ignorance have clear regulations in Islamic Penal Code and Legislature needs to enact related laws.
Farid mohseni; Saeed Johar
Volume 3, Issue 8 , October 2014, , Pages 87-113
Abstract
The specialization of responsibility branches, is a new attitude in science of law. Basically, the main purpose in imposing a variety of responsibility, is the compensation whether from unit or the community, and professional responsibility branches, makes it possible to be the best form of compensation. ...
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The specialization of responsibility branches, is a new attitude in science of law. Basically, the main purpose in imposing a variety of responsibility, is the compensation whether from unit or the community, and professional responsibility branches, makes it possible to be the best form of compensation. One of the responsibility branches is social responsibility. This type of responsibility is social responsibility arises as a result of social obligations breach different from other type of responsibility. The position of this branch of responsibility and its relationship with the traditional responsibility branches especially the criminal responsibility and separation or participation is the subject of this article.
Zeinab Bagherinejad; Rajab goldoust Jouibari
Volume 2, Issue 5 , February 2014, , Pages 73-92
Abstract
bstractOne of the fundamental features of law is having of sanction. If law abidingsee themselves freedom and without punishment in performance or rules oflaw, how one can accomplish aim of law that is regulation of personalrelationships and establishment of discipline in society. so whenever rightsof ...
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bstractOne of the fundamental features of law is having of sanction. If law abidingsee themselves freedom and without punishment in performance or rules oflaw, how one can accomplish aim of law that is regulation of personalrelationships and establishment of discipline in society. so whenever rightsof people be molested, reaction against violator should be provided andensured. Procedural rules and principles as partial of rules of law withtheir special sanctions also have been protected by legislator and judicialprecedent. Some of these sections has personal aspect and includes widerange of administrative – disciplinary or criminal and civil measures. Thiscategory of sanctions unlike guarantees related to procedural process canbe made against officials and authorities involved in criminal proceduralprocess that with their performance cause procedural fundamentalprinciples are violated.
