A COMPARATIVE STUDY ON “STRICT LIABILITY” IN CRIMINAL LAW

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SHARIATINASAB SADEGH

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Paper Information

Journal: Journal of Comparative Law Year:2013 | Volume:9 (19) | Issue:1 (97) Page(s): 125-144

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Information Journal Paper

Title

A COMPARATIVE STUDY ON “STRICT LIABILITY” IN CRIMINAL LAW

Author(s)

SHARIATINASAB SADEGH | Issue Writer Certificate

Keywords

STRICT LIABILITYQ2

STRICT CRIMINAL LIABILITYQ2

STRICT CRIMEQ2

FAULTQ2

EXCUSESQ2

Abstract

Strict liabilities are needless of some normal liability elements. In criminal law sometimes mens rea is not necessary. Crimes including such liability are called “STRICT LIABILITY crimes”. The nature of these crimes is ambiguous and even their cases are mentioned in a systematic way. Moreover a criterion is required for them and their general principles must be organized. In this essay a list of some cases of these crimes both in foreign and domestic law is offered. The author argues that the criterion must be a combination of the crime’s “stigma”, “importance”, and “criminal” or “regulatory” nature. Because of the variety of STRICT LIABILITY crimes their general principles must be classified. Five groups of these crimes are distinguishable: crimes based on destruction; stronger cause; refutable FAULT presumption (res ipsa loquitur); irrefutable FAULT presumption and; conduct crimes.

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APA: Copy

SHARIATINASAB, SADEGH. (2013). A COMPARATIVE STUDY ON “STRICT LIABILITY” IN CRIMINAL LAW. COMPARATIVE LAW (NAMEH-YE MOFID), 9 (19)(1 (97)), 125-144. SID. https://sid.ir/paper/219111/en

Vancouver: Copy

SHARIATINASAB SADEGH. A COMPARATIVE STUDY ON “STRICT LIABILITY” IN CRIMINAL LAW. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2013;9 (19)(1 (97)):125-144. Available from: https://sid.ir/paper/219111/en

IEEE: Copy

SADEGH SHARIATINASAB, “A COMPARATIVE STUDY ON “STRICT LIABILITY” IN CRIMINAL LAW,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 9 (19), no. 1 (97), pp. 125–144, 2013, [Online]. Available: https://sid.ir/paper/219111/en

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