Volume 7, Issue 47 (3-2023)
3 2023, 7(47): 0-10 |
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Bameshgi S M. The effect of the claim of drunkenness on the criminal responsibility of the accused. 3 2023; 7 (47)
URL: http://jlawst.ir/article-1-1040-en.html
URL: http://jlawst.ir/article-1-1040-en.html
Graduated in Law and Judicial Sciences, Islamic Azad University, Mashhad Branch, Mashhad, Iran
Abstract: (266 Views)
Regarding the fulfillment of the elements of the crime and the examination of the factors of exemption from punishment, the best way to understand and understand the content of the review and review of the judicial opinions is to examine the elements one by one in the case. In this article, we are going to examine the defenses of the defendant's lawyers and parents and the decisions of the prosecutor's office and the Supreme Court from different angles regarding a case of intentional murder, and it is pointed out that the important point is that generally in criminal and procedural cases Judiciary in terms of knowledge and attention, according to the specification of Note 1 of Article 290 of the Islamic Penal Code, based on the assumption of knowledge and attention, it is considered an intentional crime. Sometimes, in a criminal case, the UAE collection informs the judge that the accused was not paying attention during the crime, which is very common in crimes without prior planning.
Keywords: Crime, criminal responsibility, awareness, attention, constituent elements of crime, judgment criticism, judicial procedure, judge's science, intentional murder, criminal case
Type of Study: Research |
Subject:
General
Received: 2023/01/30 | Accepted: 2023/03/1 | Published: 2023/03/1
Received: 2023/01/30 | Accepted: 2023/03/1 | Published: 2023/03/1
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