A REVIEW STUDY OF CRIMINAL RESPONSIBILITY IN SOMNAMBULISM

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VATAN KHAH R.; ABBASI MAHMOUD; SABERI S.M.

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Journal: Iranian Journal of Forensic Medicine Year:2008 | Volume:14 | Issue:1 (49) Page(s): 47-56

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Information Journal Paper

Title

A REVIEW STUDY OF CRIMINAL RESPONSIBILITY IN SOMNAMBULISM

Author(s)

VATAN KHAH R. | ABBASI MAHMOUD | SABERI S.M. | Issue Writer Certificate

Keywords

SOMNAMBULISMQ3

SLEEP DISORDERSQ3

CRIMINAL RESPONSIBILITYQ2

Abstract

Introduction: SOMNAMBULISM is a legal and medicine subject, therefore, the study of this topic from psychiatric and the law viewpoint is important, because in some criminal records SOMNAMBULISM is considered as a defense against attributed charges. The aim of this research is to explicate the topic (SOMNAMBULISM) from psychiatric, religious and legal viewpoints and to compare it with other legal systems.Discussion: Many researches have shown that persons who suffer of SOMNAMBULISM should be considered as no guilty for probable criminal act during sleep walking, because they have no volition and are not alert of the quality and nature of their act and not aware of the results; Consequently, they are free of criminal liability.Conclusions: One can come to the conclusion that when reviewing or compiling Islamic Criminal Law, sleep must explicitly considered as a factor removing CRIMINAL RESPONSIBILITY and consecutively removing criminal liability from those who commit a crime while sleepwalking (both natural or magnetic) or being affected by psychiatric disorders, due to lack of guilt and mental aspect of the crime; so as to prevent punishment of those commit crimes without any intensions and volitions.

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APA: Copy

VATAN KHAH, R., ABBASI, MAHMOUD, & SABERI, S.M.. (2008). A REVIEW STUDY OF CRIMINAL RESPONSIBILITY IN SOMNAMBULISM. SCIENTIFIC JOURNAL OF FORENSIC MEDICINE, 14(1 (49)), 47-56. SID. https://sid.ir/paper/53329/en

Vancouver: Copy

VATAN KHAH R., ABBASI MAHMOUD, SABERI S.M.. A REVIEW STUDY OF CRIMINAL RESPONSIBILITY IN SOMNAMBULISM. SCIENTIFIC JOURNAL OF FORENSIC MEDICINE[Internet]. 2008;14(1 (49)):47-56. Available from: https://sid.ir/paper/53329/en

IEEE: Copy

R. VATAN KHAH, MAHMOUD ABBASI, and S.M. SABERI, “A REVIEW STUDY OF CRIMINAL RESPONSIBILITY IN SOMNAMBULISM,” SCIENTIFIC JOURNAL OF FORENSIC MEDICINE, vol. 14, no. 1 (49), pp. 47–56, 2008, [Online]. Available: https://sid.ir/paper/53329/en

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