The Concept of Cause and it’s Requirements in Iranian Criminal Code 2014

Document Type : Technical-Scientific

Authors

1 Associate Professor at Law and Political Sciences Faculty of Allāmeh Tabātabā’i University

2 PhD Student of Criminal Law and Criminology at Central Tehran Branch of Islamic Azad University

3 MA in Criminal Law and Criminology of Shirāz University

Abstract

According to Iranian criminal code the criminal liability has been defined based on the result of criminal conduct. Therefor, the liable agent is regarded as cause and/or perpetrator. The definition of cause according to Islamic jurisprudence is whatever upon which the cause is based and without which the cause may not have any effect. According to Iranian Criminal Code cause is what directly does not make the harm or offence. Therefore, indirect engagement in realization of the result is the difference between cause and perpetrator. We can not regard any strong cause for conduct such as perpetrator. However, according to Islamic Criminal Code, article 526, the wording is in such a way that its occurrence is possible. Cause is similar to other terms such as condition. Cause is what to which the conduct is attributed and condition is what its existence is essential for creation of something. The present study deals with the concept of cause and its requirements focusing on Islamic Criminal Law 2014.  

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History

  • Receive Date: 05 November 2016
  • Revise Date: 22 February 2017
  • Accept Date: 22 February 2017

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