Volume 11, Issue 51 (2-2024)
3 2024, 11(51): 1-13 |
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Oladi Qadikalai D. Justifiable Causes of Crime. 3 2024; 11 (51) :1-13
URL: http://jlawst.ir/article-1-1072-en.html
URL: http://jlawst.ir/article-1-1072-en.html
Master's degree, jurisprudence and criminal law, Islamic Azad University, Nowshahr branch, Nowshahr, Iran
Abstract: (306 Views)
Before and after the crime, there may be events that affect the structure of the crime. In order to commit a crime, it is necessary to fulfill three elements which are legal element, material element and spiritual element. There are reasons and factors that justify the crime and remove its punishment. The purpose of this research, which was carried out using a library method, is to examine the position of the factors justifying the crime according to the jurisprudence teachings in the penal law approved in 2012. This law, unlike the previous law, has devoted a separate section to the conditions and obstacles of criminal liability, regardless of the separation of factors justifying the crime and factors that mitigate the criminal responsibility, on this principle, the legislator has integrated both legal institutions and the factors justifying the crime are It is not specific. The results show that during the criminal proceedings, various defenses can be proposed by the defendant or his lawyer, which includes citing the justified factors of the crime. The justifying factors of the crime refer to the objective conditions that justify the criminal act or make it permissible. Irrespective of the fact that justified factors prevent the accused from being punished in terms of applicability, protective and educational measures, civil liability of the accused, defense against the accused, ability to punish partners and accomplices, burden of proof and procedure, differences with the category of liability There is a punishment that is related to their conditions and qualities.
Type of Study: Research |
Subject:
General
Received: 2024/06/22 | Accepted: 2024/02/29 | Published: 2024/02/29
Received: 2024/06/22 | Accepted: 2024/02/29 | Published: 2024/02/29
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