Similar Felony and Mistake in Crime against Human Body in Islamic Penal Code of 2013
The word"Similar" in crimes agains human body first was used in Article 290 of Islamic Pneal Code of 2013 of Iran and has no background in Fiqh (Islamic rules) and previous laws. Having no legal-Fiqhi background, this word has caused many ambiguities; at first glance it seems that this wor...
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Allameh Tabataba'i University Press
2019-04-01
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Online Access: | http://jclr.atu.ac.ir/article_9622_e5cb50e60292c16c0973b57b6238959e.pdf |
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doaj-cf9524c2924b47df9fb279ce55ae86492020-11-25T03:46:46ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752019-04-0172619122610.22054/JCLR.2018.24408.1476Similar Felony and Mistake in Crime against Human Body in Islamic Penal Code of 2013Mehdi Fazli0Adel Sarikhani 1Lecturer in Islamic Azad University Tehran North UnitAssociate Professor in Faculty of Law in Qom UniversityThe word"Similar" in crimes agains human body first was used in Article 290 of Islamic Pneal Code of 2013 of Iran and has no background in Fiqh (Islamic rules) and previous laws. Having no legal-Fiqhi background, this word has caused many ambiguities; at first glance it seems that this word has increased the scope of intentional crimes against human body and obscured the boundaries of mistake in such crimes. Through the paper, using a descriptive-analytical method, authors have reached to this result that “similar felony” in crimes against human body only includes crimes committed to unwanted limbs of a wanted victim with similar or lower consequences than offender’s intention and it excludes unwanted crime against an unwanted victim. Such crimes sometimes are inherently intentional and sometimes supposedly. However it is necessary that legislator amends this ambiguous word and enacts a specific article to elaborately expresses that mistake in committing crime to unwanted limb of a victim in an intentional crime which leads to similar or lower consequences than offender’s intention to other limb, would be intentional. http://jclr.atu.ac.ir/article_9622_e5cb50e60292c16c0973b57b6238959e.pdffelony similar homicide intentional mistake |
collection |
DOAJ |
language |
fas |
format |
Article |
sources |
DOAJ |
author |
Mehdi Fazli Adel Sarikhani |
spellingShingle |
Mehdi Fazli Adel Sarikhani Similar Felony and Mistake in Crime against Human Body in Islamic Penal Code of 2013 Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī felony similar homicide intentional mistake |
author_facet |
Mehdi Fazli Adel Sarikhani |
author_sort |
Mehdi Fazli |
title |
Similar Felony and Mistake in Crime against Human Body in Islamic Penal Code of 2013 |
title_short |
Similar Felony and Mistake in Crime against Human Body in Islamic Penal Code of 2013 |
title_full |
Similar Felony and Mistake in Crime against Human Body in Islamic Penal Code of 2013 |
title_fullStr |
Similar Felony and Mistake in Crime against Human Body in Islamic Penal Code of 2013 |
title_full_unstemmed |
Similar Felony and Mistake in Crime against Human Body in Islamic Penal Code of 2013 |
title_sort |
similar felony and mistake in crime against human body in islamic penal code of 2013 |
publisher |
Allameh Tabataba'i University Press |
series |
Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
issn |
2345-3575 |
publishDate |
2019-04-01 |
description |
The word"Similar" in crimes agains human body first was used in Article 290 of Islamic Pneal Code of 2013 of Iran and has no background in Fiqh (Islamic rules) and previous laws. Having no legal-Fiqhi background, this word has caused many ambiguities; at first glance it seems that this word has increased the scope of intentional crimes against human body and obscured the boundaries of mistake in such crimes. Through the paper, using a descriptive-analytical method, authors have reached to this result that “similar felony” in crimes against human body only includes crimes committed to unwanted limbs of a wanted victim with similar or lower consequences than offender’s intention and it excludes unwanted crime against an unwanted victim. Such crimes sometimes are inherently intentional and sometimes supposedly. However it is necessary that legislator amends this ambiguous word and enacts a specific article to elaborately expresses that mistake in committing crime to unwanted limb of a victim in an intentional crime which leads to similar or lower consequences than offender’s intention to other limb, would be intentional.
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topic |
felony similar homicide intentional mistake |
url |
http://jclr.atu.ac.ir/article_9622_e5cb50e60292c16c0973b57b6238959e.pdf |
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