A Comparative Survey of the Scope of the Effect of Duress on Murder in Criminal Law of Iran and England

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Kalantari Kayumarth; HADIZADEH REZA

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Journal: CRIMINAL LAW RESEARCH Year:2020 | Volume:8 | Issue:29 Page(s): 205-233

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Information Journal Paper

Title

A Comparative Survey of the Scope of the Effect of Duress on Murder in Criminal Law of Iran and England

Author(s)

Kalantari Kayumarth | HADIZADEH REZA | Issue Writer Certificate

Keywords

Criminal Responsibility

Excusing Factors of Criminal Responsibility

Indirect Causation

Duress

murder

Abstract

This article deals with the murder in the law of Iran and England. In the law of Iran and England respectively according to Section 375 of Islamic Criminal Act and “ Howe” case, Duress defense isn’ t available in murder. Accordingly, if someone wants from a person to commit murder by threatening him with murder, there is no possibility of resorting to Duress defense in laws of Iran and England; However Duress to murder may be in various forms such as "Duress to grievous bodily harm that leads to murder", "preserving more people by committing murder", "specific circumstances of the person being threatened" and " impending death of the victim". In these cases, Duress seems to be accepted in Iranian law. The British law approach is in some ways stricter than the position of Iranian law; because in this country, although considering the case of conjoined twins, it is possible to accept Duress defense in some instances where the death of the victim is imminent; However, in English law, in contrast to Iranian law, Duress defense in other cases such as Duress to kill one person in order to save several people is unacceptable.

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APA: Copy

Kalantari, Kayumarth, & HADIZADEH, REZA. (2020). A Comparative Survey of the Scope of the Effect of Duress on Murder in Criminal Law of Iran and England. CRIMINAL LAW RESEARCH, 8(29 ), 205-233. SID. https://sid.ir/paper/266586/en

Vancouver: Copy

Kalantari Kayumarth, HADIZADEH REZA. A Comparative Survey of the Scope of the Effect of Duress on Murder in Criminal Law of Iran and England. CRIMINAL LAW RESEARCH[Internet]. 2020;8(29 ):205-233. Available from: https://sid.ir/paper/266586/en

IEEE: Copy

Kayumarth Kalantari, and REZA HADIZADEH, “A Comparative Survey of the Scope of the Effect of Duress on Murder in Criminal Law of Iran and England,” CRIMINAL LAW RESEARCH, vol. 8, no. 29 , pp. 205–233, 2020, [Online]. Available: https://sid.ir/paper/266586/en

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