Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 770-782 |
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Sheikhbagloo N, Mashayekhi V R, Karimi V. Crimical Responsibility of Individuals with Willpower Disorders in Harming the Fetus. MLJ 2025; 19 (60) :770-782
URL: http://ijmedicallaw.ir/article-1-1924-en.html
URL: http://ijmedicallaw.ir/article-1-1924-en.html
1- Department of Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
2- Department of Law, Hashtrood Branch, Islamic Azad University, Hashtrood, Iran
3- Department of Law, Varamin Branch, Islamic Azad University, Varamin, Iran.
2- Department of Law, Hashtrood Branch, Islamic Azad University, Hashtrood, Iran
3- Department of Law, Varamin Branch, Islamic Azad University, Varamin, Iran.
Abstract:
Background and Aim: Individuals who suffer from mental health problems may engage in emotional relationships with their sexual partners. The intensity of emotion in these individuals is such that they are likely to harm their partner at the height of pleasure and, if the woman becomes pregnant, there is a possibility of miscarriage. The aim of this study is to study the legal responsibility of this type of involuntary behavior.
Method: The research method is analytical-descriptive and the data collection tool is questionnaire.
Ethical Considerations: All ethical issues related to the research method were observed in the design of this study.
Results: Lack of will and committing acts unconsciously will not be punishable under Article 149 of the Islamic Penal Code. However, if at the moment of consciousness one is aware of the consequences of this act and acts to establish a relationship, the main decision has been made at the time of consciousness.
Conclusion: It was concluded that if a decision is made in a state of consciousness that is related to the period of lack of discrimination, will, authority and reason; this cannot lead to the enjoyment of the benefits of Article 149 of the Islamic Penal Code. This is evident in the broad interpretation of Articles 153 and 154. Therefore, the disorder of will at the moment of establishing an emotional relationship cannot be considered a factor for removing the punishment. From the perspective of civil law, the perpetrator's civil liability remains in its own right and cannot be attributed to a sane person. Therefore, even if the elements that distort criminal liability are eliminated, the liability for compensation will still remain in its own right.
Please cite this article as:
Sheikhbagloo N, Mashayekhi VR, Karimi V. Crimical Responsibility of Individuals with Willpower Disorders in Harming the Fetus. Medical Law Journal. 2025; 19: e51.
Method: The research method is analytical-descriptive and the data collection tool is questionnaire.
Ethical Considerations: All ethical issues related to the research method were observed in the design of this study.
Results: Lack of will and committing acts unconsciously will not be punishable under Article 149 of the Islamic Penal Code. However, if at the moment of consciousness one is aware of the consequences of this act and acts to establish a relationship, the main decision has been made at the time of consciousness.
Conclusion: It was concluded that if a decision is made in a state of consciousness that is related to the period of lack of discrimination, will, authority and reason; this cannot lead to the enjoyment of the benefits of Article 149 of the Islamic Penal Code. This is evident in the broad interpretation of Articles 153 and 154. Therefore, the disorder of will at the moment of establishing an emotional relationship cannot be considered a factor for removing the punishment. From the perspective of civil law, the perpetrator's civil liability remains in its own right and cannot be attributed to a sane person. Therefore, even if the elements that distort criminal liability are eliminated, the liability for compensation will still remain in its own right.
Please cite this article as:
Sheikhbagloo N, Mashayekhi VR, Karimi V. Crimical Responsibility of Individuals with Willpower Disorders in Harming the Fetus. Medical Law Journal. 2025; 19: e51.
Type of Study: Original Article |
Received: 2025/01/23 | Accepted: 2025/06/30
Received: 2025/01/23 | Accepted: 2025/06/30
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