Volume 12 - Special Issue on Human Rights and Citizenship Rights
MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 357-371 |
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1- Faculty of Law, Mazandaran University, Mazandaran, Iran
2- Department of Criminal Law and Criminology, Faculty of Law, University of Mazandaran, Mazandaran, Iran. (Corresponding author)
2- Department of Criminal Law and Criminology, Faculty of Law, University of Mazandaran, Mazandaran, Iran. (Corresponding author)
Abstract:
Background and Aim: In Criminal Law, There is Much More Sensitivity in the Design and Adoption of Laws and Criminal Regulations in General. The Reason for This Goes Back to the Main Purpose of Criminal Law, Namely the Establishment of Criminal Justice. In Different Societies, Murder is Considered as one of the Serious and Severe Examples of Criminal Behavior. This Crime, Like Other Crimes, May Occur as a Result of Omission. The Purpose of This Study is to Investigate the Concept and Examples of Murder Resulting From Abandonment in the Light of the Rules of the Iranian and Common Law Legal System.
Materials and Methods: In the Present Study, Which has Been Collected by Descriptive-Analytical Method and Using Library Tools, in the First Step, the Main Concepts and Variables of the Research, Namely Abandonment and Murder Due to Abandonment have Been Discussed and in the Next Step, the Examples, Types and Conditions of Murder Due to Abandonment Will be Considered in the Iranian and Common Law Legal System.
Findings: In the Iranian legal System, the Omission of an Action is the Voluntary Refusal of a Person to Perform a Certain Positive Action, Which the Legislator has Obliged Him to Perform in Special Circumstances, if he is Able. There is no Definition in Common Law Regarding the Omission of an Act, and the Omission of an act Finds Meaning Under the Material Element of the Crime and the Causal Relationship That Its Criteria are Crystallized in the Judicial Procedure.
Conclusion: In the Iranian Legal System, Cases of Murder Due to Omission Can be Seen in Terms of Criminal Title in Intentional and Quasi-Intentional Space and According to the Provisions of the Islamic Penal Code, Murder Due to Omission in the Space of Pure Error is Inconceivable. In the Common Law System, Instances of Murder Resulting From Omission are Divided Into two Categories: Omission Involving Danger and Omission Due to Recklessness and Negligence.
Please Cite This Article As: Beygi Herbagh H, Kalantari K. Concepts and Instances of Murder Resulting from Abandonment in the Iranian Legal System and the Kamnola Legal System. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 357-371.
Materials and Methods: In the Present Study, Which has Been Collected by Descriptive-Analytical Method and Using Library Tools, in the First Step, the Main Concepts and Variables of the Research, Namely Abandonment and Murder Due to Abandonment have Been Discussed and in the Next Step, the Examples, Types and Conditions of Murder Due to Abandonment Will be Considered in the Iranian and Common Law Legal System.
Findings: In the Iranian legal System, the Omission of an Action is the Voluntary Refusal of a Person to Perform a Certain Positive Action, Which the Legislator has Obliged Him to Perform in Special Circumstances, if he is Able. There is no Definition in Common Law Regarding the Omission of an Act, and the Omission of an act Finds Meaning Under the Material Element of the Crime and the Causal Relationship That Its Criteria are Crystallized in the Judicial Procedure.
Conclusion: In the Iranian Legal System, Cases of Murder Due to Omission Can be Seen in Terms of Criminal Title in Intentional and Quasi-Intentional Space and According to the Provisions of the Islamic Penal Code, Murder Due to Omission in the Space of Pure Error is Inconceivable. In the Common Law System, Instances of Murder Resulting From Omission are Divided Into two Categories: Omission Involving Danger and Omission Due to Recklessness and Negligence.
Please Cite This Article As: Beygi Herbagh H, Kalantari K. Concepts and Instances of Murder Resulting from Abandonment in the Iranian Legal System and the Kamnola Legal System. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 357-371.
Type of Study: Original Article |
Received: 2018/09/28 | Accepted: 2020/06/30
Received: 2018/09/28 | Accepted: 2020/06/30
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