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Information Journal Paper

Title

Aggravating circumstances and Necessity of intention to occurrence them

Pages

  171-190

Abstract

 The basis of Intentional crimes is the will. A person who does not dominate his or her behavior should not be punished legally. Intention to occurrence element circumstances of the crime, which is usually included in the legal definition of crimes and is a part of the actus reus, is not an exception to this rule. When the accused shall be punished that he is aware of the circumstances and how the legislator intends to commit a crime or he considers his behavior to be that. These element circumstances are sometimes confused with the conditions known as the "aggravating circumstances". There are no specific procedures in the criminal law and doctrine regarding the provision of a criterion for distinguishing between these two types of conditions, and the necessity of Intention of the aggravating circumstances. While aggravating circumstances, and the necessity of Intention can have a significant impact on criminal liability. In this article, in addition to offering the criteria for distinguishing between these two types of conditions, according to Article 155 of the Islamic Penal Code, and the judicial procedure in the United States United, based on the general principles of criminal law, the necessity for Intention will be strengthened for increasing criminal liability.

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    APA: Copy

    MIRKAMALI, SEYED ALIREZA, & Abdollahi Neysiani, Mostafa. (2020). Aggravating circumstances and Necessity of intention to occurrence them. THE JUDICIARY’S LAW JOURNAL, 84(109 ), 171-190. SID. https://sid.ir/paper/391608/en

    Vancouver: Copy

    MIRKAMALI SEYED ALIREZA, Abdollahi Neysiani Mostafa. Aggravating circumstances and Necessity of intention to occurrence them. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;84(109 ):171-190. Available from: https://sid.ir/paper/391608/en

    IEEE: Copy

    SEYED ALIREZA MIRKAMALI, and Mostafa Abdollahi Neysiani, “Aggravating circumstances and Necessity of intention to occurrence them,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 109 , pp. 171–190, 2020, [Online]. Available: https://sid.ir/paper/391608/en

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