Volume 13, Issue 51 (Winter 2020)                   MLJ 2020, 13(51): 131-154 | Back to browse issues page

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shakeri A, solaimani S. Weak-Minded Responsibility in Iranian Criminal Law and Egyptian Law. MLJ. 2020; 13 (51) :131-154
URL: http://ijmedicallaw.ir/article-1-963-en.html
1- Department of Law and Political Science, University of Mazandaran, Babolsar, Iran. (Corresponding author)
2- Department of Law and Political Science, University of Mazandaran, Babolsar, Iran
Abstract:  
In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of the Islamic Penal Code takes into account the many implications of this disorder, namely the lack of understanding of the dignity or the nature of criminal conduct and the existence of doubt in the development and perfection of the mind Which is called fool (weak-minded) in jurisprudence due to lack of intellect. These people are known as people with mental illness, including mental retardation, delirium, and dementia. According to Article 140 of the Act, which expresses the condition of criminal responsibility   should not regard fool (weak-minded) accusation as having a criminal responsibility if any crime is committed. Because the penalty is based on criminal responsibility consequently, the condemnation of a perpetrator of a crime hodud or qesas is forbidden and even it should be said that the punishment mentioned in Article 89 of this law is also contemplative. Therefore, in accordance with law, they will be sentenced in the case of committing the above-mentioned offenses or taazir to Hedging and education activities. In the Egyptian law, dementia, inside, in the meaning of Disorders of the scorpion, has a madness sentence that is criticized.

Please cite this article as: Shakeri A, Solaimani S. Weak-Minded Responsibility in Iranian Criminal Law and Egyptian Law. Iran J Med Law 2020; 13(51): 131-154.
Type of Study: Original Article |
Received: 2019/05/1 | Accepted: 2019/08/16

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