Feasibility of realization of malice with psychological state of science in Iranian criminal law

Document Type : Original Article

Authors

1 PhD student in criminal law and criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran

2 Assistant Professor of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran

3 Faculty of Law, Islamic Azad University of Shiraz, Iran

Abstract

The approach of Iranian criminal law regarding the psychological element and realization of malice in bound crimes is such that whenever a person commits a behavior with knowledge of the realization of the result, he is also considered the messenger of the result. This matter, which has more history in Imamiyyah jurisprudence in intentional crimes and in common law, is indirect intent and is included in Article 144 of the Criminal Code as a general rule in intentional crimes that if a person has direct intent, the result If he doesn't have it, but he has knowledge of its occurrence, his crime is intentional. This matter is crystallized in Article 290 of the Islamic Criminal Code, which states the various forms of intentional crime. The perpetrator's knowledge of the criminal result in the realization of specific malice in two ways: the knowledge of the occurrence of the result and the knowledge of the ability of the act to create the result in Iran's criminal law is possible. Therefore, on this basis, in the present research, the feasibility of realizing malice with the psychological state of science in Iranian law has been discussed.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 2669-2680

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