Volume 13 - Special Issue on Human Rights and Citizenship Rights
MLJ 2019, 13 - Special Issue on Human Rights and Citizenship Rights: 323-336 |
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Neisi A, Barati F, Pajuhandeh S J. Exploring the Causality Relationship in Intentional Murder as Stated in Iran’s Islamic Penal Code of Law and Egypt’s Judicial Procedures and Matching them with Citizenship Rights. MLJ 2019; 13 :323-336
URL: http://ijmedicallaw.ir/article-1-1261-en.html
URL: http://ijmedicallaw.ir/article-1-1261-en.html
1- Department of Jurisprudence and Islamic Law’s Basics, Ahwaz Branch, Islamic Azad University, Ahwaz, Iran
2- Department of Jurisprudence and Islamic Law’s Basics, Ahwaz Branch, Islamic Azad University, Ahwaz, Iran. (Corresponding Author)
2- Department of Jurisprudence and Islamic Law’s Basics, Ahwaz Branch, Islamic Azad University, Ahwaz, Iran. (Corresponding Author)
Abstract:
Background and Aim: The causality relationship is an intermediator binding the action and the result with the role of this relationship being the expression of the criminal action’s share of and effect on the final result; in this regard, nothing should have cut the criminal behavior’s connection to the result. It is in this regard that the relationship between the citizenship rights and the Islamic penal code of law gains meaning. Criminal trial procedures and Islamic penal code of law seek discovering and punishing the causality relationship and causation in the intentional murders and, in order to discover this relationship, although they are in the same line with the citizenship rights’ charter, there are rare cases in which the citizenship rights are likely to be neglected. Since these two (the action and the result) are material phenomena, the causality relationship falls in the position of the crimes’ material pillar whereas Egypt’s supreme court realizes the causality relationship as being laid on the foundation of two elements, i.e. material and intellectual.
Materials and Methods: Using a descriptive-analytical method and doing library research and taking notes from the resources related to the match between the citizenship rights and Islamic penal code of law and making comparisons with Egypt’s judicial procedures, the present study tries exploring the causality relationship and causation in intentional murder. Considering the fact that this study has been conducted in comparison with Egypt’s legal system, the main constraint was the limitation in access to the resources, especially in Egypt’s legal system.
Ethical Considerations: In all the study’s authoring stages, principle of trustworthiness and honesty have been observed.
Findings: Findings signified that the Iranian legislator has realized it necessary in numerous cases such as article 492 of the Islamic penal code of law for the murder or any other crime’s actualization that the perpetrator’s behavior should have caused the result and the murder should be accordingly attributable to the perpetrator’s behavior.
Conclusion: In various cases, the Iranian legislator has placed the veneration of citizenship rights atop of his agenda and realizes the ascription of murder to a perpetrator’s behavior as being necessary; the citizens’ freedoms have been also respected; the same procedures have also been stipulated in Egypt’s judicial procedures though there is no special article in Egypt’s penal code of law regarding the scale for the causality relationship; however, Egypt’s supreme court realizes the verification of causality relationship and causation as being necessary as mentioned in the issued judicial verdicts.
Please cite this article as: Neisi N, Barati F, PajuhandehS J. Exploring the Causality Relationship in Intentional Murder as Stated in Iran’s Islamic Penal Code of Law and Egypt’s Judicial Procedures and Matching them with Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2019; 323-336.
Materials and Methods: Using a descriptive-analytical method and doing library research and taking notes from the resources related to the match between the citizenship rights and Islamic penal code of law and making comparisons with Egypt’s judicial procedures, the present study tries exploring the causality relationship and causation in intentional murder. Considering the fact that this study has been conducted in comparison with Egypt’s legal system, the main constraint was the limitation in access to the resources, especially in Egypt’s legal system.
Ethical Considerations: In all the study’s authoring stages, principle of trustworthiness and honesty have been observed.
Findings: Findings signified that the Iranian legislator has realized it necessary in numerous cases such as article 492 of the Islamic penal code of law for the murder or any other crime’s actualization that the perpetrator’s behavior should have caused the result and the murder should be accordingly attributable to the perpetrator’s behavior.
Conclusion: In various cases, the Iranian legislator has placed the veneration of citizenship rights atop of his agenda and realizes the ascription of murder to a perpetrator’s behavior as being necessary; the citizens’ freedoms have been also respected; the same procedures have also been stipulated in Egypt’s judicial procedures though there is no special article in Egypt’s penal code of law regarding the scale for the causality relationship; however, Egypt’s supreme court realizes the verification of causality relationship and causation as being necessary as mentioned in the issued judicial verdicts.
Please cite this article as: Neisi N, Barati F, PajuhandehS J. Exploring the Causality Relationship in Intentional Murder as Stated in Iran’s Islamic Penal Code of Law and Egypt’s Judicial Procedures and Matching them with Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2019; 323-336.
Keywords: Causality Relationship, Citizenship Rights, Causation, Attribution, Intentional Murder, Crimes Against the Lives
Type of Study: Original Article |
Received: 2020/11/14 | Accepted: 2020/12/21
Received: 2020/11/14 | Accepted: 2020/12/21
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