Psychological Element Review in Crimes with Absolute Responsibility, with an Emphasis on Crimes against the Environment

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AHADI REZA; Rastegar Mahjanabadi Mohammad Bagher; Toghranegar Hasan

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Journal: Year:2020 | Volume:19 | Issue:43 Page(s): 71-99

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Information Journal Paper

Title

Psychological Element Review in Crimes with Absolute Responsibility, with an Emphasis on Crimes against the Environment

Author(s)

AHADI REZA | Rastegar Mahjanabadi Mohammad Bagher | Toghranegar Hasan | Issue Writer Certificate

Keywords

Absolute responsibility

psychological element

physical element

Attribution Capability

Strict Liability Offence

The environment

Abstract

One of the most important issues in the criminal law is the psychological element of committing a criminal act. Because, in order to be responsible for knowing and attributing the act to the perpetrator, he must act and, in some cases, also have the consequences. In the meantime, the psychological element is very important. The provisions on absolute crimes committed in recent decades have put the psychological element under the overshadowing of the physical element. In this paper, the comparative analysis of the laws in the field of crimes with Absolute responsibility, as well as the opinions of lawyers in this area, as well as the investigation of crimes against The environment and the type of responsibility committed by the perpetrator are discussed. Therefore, one can ask whether absolute crimes have a psychological element and they do not need to be proven, or that such crimes are fundamentally different from the other crimes in the discussion of the psychological element and lack the psychological element of responsibility for the offender. And they only commit a legal and physical element? On the other hand, is environmental crime also included in this rule, and what is the basis for the commission of such crimes? The result shows that crimes with Absolute responsibility are also psychological and do not need to be proven. Therefore, these crimes, like other crimes, have three elements of law, physical and psychology. On the other hand, environmental offenses are deliberately and in some cases unintentionally committed, which, given the importance of this area, should be considered for committing Absolute responsibility.

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APA: Copy

AHADI, REZA, Rastegar Mahjanabadi, Mohammad Bagher, & Toghranegar, Hasan. (2020). Psychological Element Review in Crimes with Absolute Responsibility, with an Emphasis on Crimes against the Environment. JOURNAL OF LEGAL RESEARCH, 19(43 ), 71-99. SID. https://sid.ir/paper/1008040/en

Vancouver: Copy

AHADI REZA, Rastegar Mahjanabadi Mohammad Bagher, Toghranegar Hasan. Psychological Element Review in Crimes with Absolute Responsibility, with an Emphasis on Crimes against the Environment. JOURNAL OF LEGAL RESEARCH[Internet]. 2020;19(43 ):71-99. Available from: https://sid.ir/paper/1008040/en

IEEE: Copy

REZA AHADI, Mohammad Bagher Rastegar Mahjanabadi, and Hasan Toghranegar, “Psychological Element Review in Crimes with Absolute Responsibility, with an Emphasis on Crimes against the Environment,” JOURNAL OF LEGAL RESEARCH, vol. 19, no. 43 , pp. 71–99, 2020, [Online]. Available: https://sid.ir/paper/1008040/en

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