THE STANDARD OF INDIRECT INTENTION IN IRANIAN CRIMINAL LAW IN LIGHT OF THE COMPARATIVE STUDY OF ENGLISH LAW AND SHIA’H FIQH

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YEKRANGI M.; ALIPOUR H.

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Paper Information

Journal: CRIMINAL LAW AND CRIMINOLOGY STUDIES Year:2015 | Volume:2 | Issue:2-3 Page(s): 155-169

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Title

THE STANDARD OF INDIRECT INTENTION IN IRANIAN CRIMINAL LAW IN LIGHT OF THE COMPARATIVE STUDY OF ENGLISH LAW AND SHIA’H FIQH

Author(s)

YEKRANGI M. | ALIPOUR H. | Issue Writer Certificate

Keywords

RESULTANT CRIMEQ2

COMMON LAWQ2

NATURAL CONSEQUENCEQ2

OBLIQUE INTENTIONQ2

Abstract

Regarding the previous attitude of Iranian criminal law toward the mens rea of RESULTANT CRIMEs, one can be convicted only if he do the crime with free will and intend to achieve the result. However, according to the new approach of Iranian criminal law, if one does not intend the consequence but do the act with knowledge of producing the result, the crime will be considered as an intentional offence. This called "indirect or OBLIQUE INTENTION" and has long history in the Fiqh and COMMON LAW. Section 144 of the new Iranian Criminal Act 2013, explicitly provides that all RESULTANT CRIMEs can be committed by this intention. However, this is not obvious that what the criterion of indirect intention in Iran is. Therefore, regarding the importance of finding a standard for OBLIQUE INTENTION, this paper, focusing on the English criminal law, will scrutinize the three tests that were mentioned by the English law i.e. "high probability", "natural consequence" and "virtual certainty" and compare it with the fiqh and Iranian criminal law and finally, provide a domestic mixed standard that can be applied by Iranian criminal law.

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APA: Copy

YEKRANGI, M., & ALIPOUR, H.. (2015). THE STANDARD OF INDIRECT INTENTION IN IRANIAN CRIMINAL LAW IN LIGHT OF THE COMPARATIVE STUDY OF ENGLISH LAW AND SHIA’H FIQH. CRIMINAL LAW AND CRIMINOLOGY STUDIES, 2(2-3), 155-169. SID. https://sid.ir/paper/260716/en

Vancouver: Copy

YEKRANGI M., ALIPOUR H.. THE STANDARD OF INDIRECT INTENTION IN IRANIAN CRIMINAL LAW IN LIGHT OF THE COMPARATIVE STUDY OF ENGLISH LAW AND SHIA’H FIQH. CRIMINAL LAW AND CRIMINOLOGY STUDIES[Internet]. 2015;2(2-3):155-169. Available from: https://sid.ir/paper/260716/en

IEEE: Copy

M. YEKRANGI, and H. ALIPOUR, “THE STANDARD OF INDIRECT INTENTION IN IRANIAN CRIMINAL LAW IN LIGHT OF THE COMPARATIVE STUDY OF ENGLISH LAW AND SHIA’H FIQH,” CRIMINAL LAW AND CRIMINOLOGY STUDIES, vol. 2, no. 2-3, pp. 155–169, 2015, [Online]. Available: https://sid.ir/paper/260716/en

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