The Challenges of Absolute Application of the Principle of coincidence of mens rea and actus reus

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SAFFARI ALI; KOUSHA JAFAR; SABERI RAZIEH

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Journal: CRIMINAL LAW AND CRIMINOLOGY STUDIES Year:2019 | Volume:48 | Issue:2 Page(s): 357-377

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Information Journal Paper

Title

The Challenges of Absolute Application of the Principle of coincidence of mens rea and actus reus

Author(s)

SAFFARI ALI | KOUSHA JAFAR | SABERI RAZIEH | Issue Writer Certificate

Keywords

Coincidence of mens rea and actus reusQ1

Challenges of absolute approachQ1

Relative approachQ1

Abstract

Along with the accepted principles of criminal law, both in written and unwritten systems, the mere existence of material and mental elements of a crime is not sufficient, but their coincidence is also necessary. To substantiate this necessity, different and solid reasons have been raised, however, the acceptance of the "principle of the coincidence of material and mental elements", despite the pursuit of positive effects for the realization of justice, as the highest objective of criminal law, in some cases, also causes negative effects and injustice in the criminal justice system. The negative effects of the principle of "coincidence of material and mental elements" has not been widely and deeply discussed with a single intellectual approach. There is also no in-depth debate about the way and method by which these negative effects can be zeroed or reduced. This research examins the adverse consequences of the traditional or absolutist approach to the principle of coincidence between material and mental elements. It is concluded that a "relativistic" approach to the principle of coincidence can help the criminal justice system to avoid such negative effects.

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APA: Copy

SAFFARI, ALI, KOUSHA, JAFAR, & SABERI, RAZIEH. (2019). The Challenges of Absolute Application of the Principle of coincidence of mens rea and actus reus. CRIMINAL LAW AND CRIMINOLOGY STUDIES, 48(2 ), 357-377. SID. https://sid.ir/paper/260706/en

Vancouver: Copy

SAFFARI ALI, KOUSHA JAFAR, SABERI RAZIEH. The Challenges of Absolute Application of the Principle of coincidence of mens rea and actus reus. CRIMINAL LAW AND CRIMINOLOGY STUDIES[Internet]. 2019;48(2 ):357-377. Available from: https://sid.ir/paper/260706/en

IEEE: Copy

ALI SAFFARI, JAFAR KOUSHA, and RAZIEH SABERI, “The Challenges of Absolute Application of the Principle of coincidence of mens rea and actus reus,” CRIMINAL LAW AND CRIMINOLOGY STUDIES, vol. 48, no. 2 , pp. 357–377, 2019, [Online]. Available: https://sid.ir/paper/260706/en

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