Volume 14, Issue 53 (Summer 2020)
MLJ 2020, 14(53): 121-150 |
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Kazeroun Shiri A M, Yaghooti E. Judicial Adjustment of Bipolar Patients' Crime with Social Justice Approach in Iranian Penal Law. MLJ 2020; 14 (53) :121-150
URL: http://ijmedicallaw.ir/article-1-975-en.html
URL: http://ijmedicallaw.ir/article-1-975-en.html
1- Faculty of Humanities, Criminal Law Group, Electronic University, Islamic Azad University, Tehran, Iran
2- of Islamic Jurisprudence and the Principles of Islamic Law, Islamic Law School, Faculty of Literature and Humanities, Tehran University, Islamic Azad University, Tehran, Iran. (Corresponding author)
2- of Islamic Jurisprudence and the Principles of Islamic Law, Islamic Law School, Faculty of Literature and Humanities, Tehran University, Islamic Azad University, Tehran, Iran. (Corresponding author)
Abstract:
Article 51 of the Islamic Penal Code of 2013 states that insanity while committing a crime at any stage shall be subject to criminal liability, but this substance has been implicated in insane people and its inclusion in bipolar patients has been controversial and the purpose of the study is to include it. The insanity must reach the trustees of the court. For bipolar patients, it is difficult to identify their condition and therefore cannot be simply dismissed. Therefore, the inclusion of this article is controversial and if it is not proved, there is a judicial adjustment procedure for offenders. One of the sources of this law is the knowledge of the judge. The judge's knowledge of crime is legally valid. Therefore, if the judge, with his knowledge of the evidence and background of the offender, finds out the case, he can determine the inclusion of the provisions of the Islamic Penal Code on the accused. Considering the need to safeguard the social rights of individuals, measures must be taken to prevent the crime of such persons and, at the same time, to take the necessary measures to detect the type of insanity.
Please cite this article as: Kazeroun Shiri AM, Yaghooti E. Judicial Adjustment of Bipolar Patients' Crime with Social Justice Approach in Iranian Penal Law. Iran J Med Law 2020; 14(53): 121-150.
Please cite this article as: Kazeroun Shiri AM, Yaghooti E. Judicial Adjustment of Bipolar Patients' Crime with Social Justice Approach in Iranian Penal Law. Iran J Med Law 2020; 14(53): 121-150.
Type of Study: Original Article |
Received: 2019/06/3 | Accepted: 2020/03/14
Received: 2019/06/3 | Accepted: 2020/03/14
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