Criminal motive, interaction between ethics and criminal law

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malekafzali ardekani Mojtaba; Mahdavi Sabet Mohammad Ali; mahmoudi janaki Firouz

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Journal Paper

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Journal: Ethical Research Year:2022 | Volume:13 | Issue:2 Page(s): 299-319

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Information Journal Paper

Title

Criminal motive, interaction between ethics and criminal law

Author(s)

malekafzali ardekani Mojtaba | Mahdavi Sabet Mohammad Ali | mahmoudi janaki Firouz | Issue Writer Certificate

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Abstract

The public conscience of the society wants everyone to be equal before the criminal laws, but at the same time, there is a difference between two criminals, one who commits a crime with immoral motives and the other with moral and honorable motives; As in ethics, the value of the verb depends on the intention of the subject. Intention, like motive, gives power to the subject and manages the direction of his behavior to reach the goal. In this way, the motive to commit a crime can be considered as an interaction between ethics and criminal law. The legislator's approach to motive has not been without controversy and challenge; Opponents and supporters have always criticized this approach under the banner of "protecting ethics. The possibility of committing a crime with moral motives on the one hand and criticizing the views of the opponents and supporters of criminal law's attention to motive is the subject of this article. The result of the research is the conditional preference of the opinion of the supporters; Criminal law must be "verb-oriented" in the execution of the crime and, except in the case of necessity, the moral or immoral motive of the perpetrator should not be given a role, but in the determination of punishments - which is entrusted to the ruler of the Islamic society - to choose the most appropriate punishment within the scope of his powers, considering the various dimensions of the criminal's personality and including his motive.

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