Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 1115-1130 |
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Yekrangi M, Bagherinezhad Z, Razavifard B. A Comparative Study of the Nature of the Material Element of Intentional Homicide in the Laws of Iran and the United Arab Emirates. MLJ 2022; 16 :1115-1130
URL: http://ijmedicallaw.ir/article-1-1791-en.html
URL: http://ijmedicallaw.ir/article-1-1791-en.html
1- Department of Criminal Law and Criminology, Emirates Branch, Islamic Azad University, Dubai, United Arab Emirates.
2- Department of Criminal Law and Criminology, Science and Research Branch, Islamic Azad University, Tehran, Iran
3- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
2- Department of Criminal Law and Criminology, Science and Research Branch, Islamic Azad University, Tehran, Iran
3- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
Abstract:
Background and Aim: The crime of intentional murder is the most severe crime against the physical integrity of people and it consists of two material and psychological elements in addition to the legal element. Therefore, it is important to examine its elements, especially the material element that perpetrates the crime.
Method: The present research has done a comparative study of "the material element of intentional homicide in the laws of Iran and the UAE" using library sources in a comparative and descriptive-analytical way.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.
Results: The findings of this research show that the material element of the crime of murder in the law corresponds to the act of murder and in the Shariah to the destruction of the human soul and the relationship of causality in the law corresponds to the cause and effect relationship between the act of the criminal and the victim, meaning that there is no intermediate means in murder between them, which is reflected in the criminal laws of both countries according to Sharia and Islamic jurisprudence.
Conclusion: The material element of intentional homicide in the laws of the two countries is realized with the presence of three elements: aggression and assault on the life and life of the victim, death of the victim and finally the causal relationship that connects the act of assault and aggression with the result of this such action in Iran's legal system, unlike the UAE, considering that the material element of murder is one of the most important topics in criminal law, the legislator explicitly stated in Article 206 of the Criminal Law. It is considered necessary to commit the crime of murder, but it does not have any specification regarding the omission of the verb. In other words, murder by omission has not been considered in Iranian law; However, if there are certain conditions, the perpetrator can be held responsible for physical injury or murder in some cases.
Please cite this article as:
Yekrangi M, Bagherinezhad Z, Razavifard B. A Comparative Study of the Nature of the Material Element of Intentional Homicide in the Laws of Iran and the United Arab Emirates. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e63.
Method: The present research has done a comparative study of "the material element of intentional homicide in the laws of Iran and the UAE" using library sources in a comparative and descriptive-analytical way.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.
Results: The findings of this research show that the material element of the crime of murder in the law corresponds to the act of murder and in the Shariah to the destruction of the human soul and the relationship of causality in the law corresponds to the cause and effect relationship between the act of the criminal and the victim, meaning that there is no intermediate means in murder between them, which is reflected in the criminal laws of both countries according to Sharia and Islamic jurisprudence.
Conclusion: The material element of intentional homicide in the laws of the two countries is realized with the presence of three elements: aggression and assault on the life and life of the victim, death of the victim and finally the causal relationship that connects the act of assault and aggression with the result of this such action in Iran's legal system, unlike the UAE, considering that the material element of murder is one of the most important topics in criminal law, the legislator explicitly stated in Article 206 of the Criminal Law. It is considered necessary to commit the crime of murder, but it does not have any specification regarding the omission of the verb. In other words, murder by omission has not been considered in Iranian law; However, if there are certain conditions, the perpetrator can be held responsible for physical injury or murder in some cases.
Please cite this article as:
Yekrangi M, Bagherinezhad Z, Razavifard B. A Comparative Study of the Nature of the Material Element of Intentional Homicide in the Laws of Iran and the United Arab Emirates. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e63.
Keywords: Material Element, Intentional Crime, Intentional Murder, Iranian Criminal Law, UAE Criminal Law.
Type of Study: Original Article |
Received: 2023/12/31 | Accepted: 2024/05/19
Received: 2023/12/31 | Accepted: 2024/05/19
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