Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 159-178 |
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Azizi R, Tavajohi A A, Rajabiyeh M H, Gol Khandan S. Trials to criminal law and forensics in the fundamental origins of crime. MLJ 2021; 15 (56) :159-178
URL: http://ijmedicallaw.ir/article-1-1297-en.html
URL: http://ijmedicallaw.ir/article-1-1297-en.html
1- in Criminal Law and Criminology, Faculty of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran
2- Department of Criminal Law and Criminology, Faculty of Law, Shahed University, Tehran, Iran
3- Department of Criminal Law and Criminology, Faculty of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran
2- Department of Criminal Law and Criminology, Faculty of Law, Shahed University, Tehran, Iran
3- Department of Criminal Law and Criminology, Faculty of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran
Abstract:
Background and Aim: Trial in intentional and unintentional crimes is one of the most multifaceted issues in criminal law and Forensic medicine, as well as the involvement of causes that ascend from the characteristics of the culprit and within the committer and as grounds. They reproduce this complexity in terms of their attendance or absence of interconnection and how they disturb it. This article deals with the trials facing criminal law and forensic medicine in relation to the grounds intricate in the crime and in view of the importance and obligation of the issue in terms of disagreement about the role of the grounds in the judicial process. This article aims to provide an appropriate prototypical of how the context plays the role while investigating some of the sentiments related to the context.
Materials and Methods: This descriptive-analytical article has been equipped and compiled by means of the documentary method and using the note tool.
Results: The findings designate that; The underlying cause with the proficient opinion of forensic physicians along with the foreman or other causes can be elevated by playing a creative role in achieving the criminal consequence, but in most cases the fundamental cause is hurrying, accelerating or escalating the effect of the foreman's act or other It is a cause and in such cases the submission of the title to the existing setting and the fortitude of the share as a result is not adequate, but it can be considered along with the steward or other causes for it, although some legal systems By completely vacating the role of the underlying cause, they do not subsidize to this cause under any circumstances.
Ethical considerations: From the commencement to the end of the article has been equipped and compiled with adherence to the values of honesty and reliability.
Conclusion: In view of the silence of the law in the Iranian legal system and on the other hand the lack of obvious jurisprudential rules on the role and consequence of the underlying causes, in exploratory the judicial procedure of Iranian criminal courts, on the one hand we see divergence of opinions that some courts , Have not accepted the effect of the underlying cause and others, based on forensic concepts, have accepted that in many cases the jurisprudence has accepted the role and share for the underlying cause which only had an aggravating or accelerating role in the crime. Have diverged from the path of fairness and justice and the adherence of the principle of fairness of persons, and it is necessary for the legislator to enact the essential laws and take advantage of medical advances in this regard, while culmination the fragmentation of judicial technique, the rule of thin skull Which is putative in most legal systems, in order to protect the scrawnier and more justified cause.
Cite this article as: Azizi R, Tavajohi AA, Rajabiyeh MH, Gol Khandan S. Trials to criminal law and forensics in the fundamental origins of crime. Medical Law Journal 2021; 15(56): e10.
Materials and Methods: This descriptive-analytical article has been equipped and compiled by means of the documentary method and using the note tool.
Results: The findings designate that; The underlying cause with the proficient opinion of forensic physicians along with the foreman or other causes can be elevated by playing a creative role in achieving the criminal consequence, but in most cases the fundamental cause is hurrying, accelerating or escalating the effect of the foreman's act or other It is a cause and in such cases the submission of the title to the existing setting and the fortitude of the share as a result is not adequate, but it can be considered along with the steward or other causes for it, although some legal systems By completely vacating the role of the underlying cause, they do not subsidize to this cause under any circumstances.
Ethical considerations: From the commencement to the end of the article has been equipped and compiled with adherence to the values of honesty and reliability.
Conclusion: In view of the silence of the law in the Iranian legal system and on the other hand the lack of obvious jurisprudential rules on the role and consequence of the underlying causes, in exploratory the judicial procedure of Iranian criminal courts, on the one hand we see divergence of opinions that some courts , Have not accepted the effect of the underlying cause and others, based on forensic concepts, have accepted that in many cases the jurisprudence has accepted the role and share for the underlying cause which only had an aggravating or accelerating role in the crime. Have diverged from the path of fairness and justice and the adherence of the principle of fairness of persons, and it is necessary for the legislator to enact the essential laws and take advantage of medical advances in this regard, while culmination the fragmentation of judicial technique, the rule of thin skull Which is putative in most legal systems, in order to protect the scrawnier and more justified cause.
Cite this article as: Azizi R, Tavajohi AA, Rajabiyeh MH, Gol Khandan S. Trials to criminal law and forensics in the fundamental origins of crime. Medical Law Journal 2021; 15(56): e10.
Type of Study: Original Article |
Received: 2020/08/11 | Accepted: 2020/12/30
Received: 2020/08/11 | Accepted: 2020/12/30
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