Determining the Concept and Position of the Natural and Probable Consequences of Acts-the Victim’ s Death in the Penal Code of Iran with a Look to the Law of France

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ROUHOLAMINI MAHMOUD

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Journal Paper

Paper Information

Journal: CRIMINAL LAW DOCTRINES Year:2021 | Volume:18 | Issue:20 Page(s): 179-213

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Title

Determining the Concept and Position of the Natural and Probable Consequences of Acts-the Victim’ s Death in the Penal Code of Iran with a Look to the Law of France

Author(s)

ROUHOLAMINI MAHMOUD | Issue Writer Certificate

Keywords

Intent to kill

The natural

probable consequences of behavior-victim’s death (The behavior likely leading to victim’s death)

Actus reus

Mens rea

Abstract

After Iran’ s Islamic Revolution in 1357, in order to Islamize the criminal laws the legislature has applied the term “ The natural and probable consequences of acts resulting in victim’ s death” in the law of hudud and qisas and its regulations enacted 1361 originating from Islamic jurisprudential sources and established in cases that the act likely leads to the victim’ s death, the murder is intentional killing although the perpetrator doesn't intend to kill. From the perspective of the well-accepted axioms in the criminal law, the possibility of the intentional killing without intending to kill is impossible. For this reason, this method of the criminalization make some law scholars criticize. in 1392 the legislature planned to reform this fault but it did not achieve this goal. There is no such term in the law of France but the conduct of the perpetrator is regarded the factor for achieving his Intent to kill.

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APA: Copy

ROUHOLAMINI, MAHMOUD. (2021). Determining the Concept and Position of the Natural and Probable Consequences of Acts-the Victim’ s Death in the Penal Code of Iran with a Look to the Law of France. CRIMINAL LAW DOCTRINES, 18(20 ), 179-213. SID. https://sid.ir/paper/958381/en

Vancouver: Copy

ROUHOLAMINI MAHMOUD. Determining the Concept and Position of the Natural and Probable Consequences of Acts-the Victim’ s Death in the Penal Code of Iran with a Look to the Law of France. CRIMINAL LAW DOCTRINES[Internet]. 2021;18(20 ):179-213. Available from: https://sid.ir/paper/958381/en

IEEE: Copy

MAHMOUD ROUHOLAMINI, “Determining the Concept and Position of the Natural and Probable Consequences of Acts-the Victim’ s Death in the Penal Code of Iran with a Look to the Law of France,” CRIMINAL LAW DOCTRINES, vol. 18, no. 20 , pp. 179–213, 2021, [Online]. Available: https://sid.ir/paper/958381/en

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