Document Type : Scientific
Authors
1
PhD student in criminal law and criminology, Islamic Azad University, Semnan branch, Semnan, Iran. milad.amiri.m@gmail.com
2
Associate Professor of Fiqh and Fundamentals of Islamic Law, Faculty Member of Islamic Azad University, Central Tehran Branch, Tehran, Iran. Yaghouti2010@yahoo.com
3
Assistant Professor, Department of Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran. asadulah.masoudimagham2022@gmail.com
4
Assistant Professor of the Department of Law, member of the academic staff of Islamic Azad University, South Tehran Branch, Tehran, Iran. ahmad.ommi@yahoo.com
Abstract
In the criminal law of Iran, in the topic of "crimes" in paragraph (c) of Article 292 of the Islamic Penal Code approved in 1392, the mistake in person has been examined as an effective factor on the psychological element of the crime. In common law, there is also a mistake in the person in the topic of murder, and according to the view that "the target follows the bullet", they believe that this mistake has no effect on the intentionality of the crime committed on the victim of the unintentional crime. The question that is raised is that in Iranian law, is this mistake only limited to crimes against physical integrity or is it effective for other crimes, especially crimes against spiritual integrity? The findings of the research indicate that, contrary to the theory of transferred malice in common law, in Iranian law, a mistake in a person is effective in forming the absolute malice of intentional crimes as a kind of mistake in the subject of the victim (that is, a certain person). In such a way that the effect of the intended behavior on the unintended purpose, in principle, in terms of the lack of the subject's intention, causes the deterioration of the intentional psychological element. Except that in case of lack of intention, knowledge is a substitute for definite and certain intention. As a result, in crimes against the spiritual integrity of persons, according to Article 144 of the Islamic Penal Code approved in 2012, two assumptions can be considered; First, the fact that the perpetrator unintentionally made the unintended crime victim the subject of crimes against dignity or spiritual personality and also had no knowledge of the behavior. (Lack of intention and knowledge) Second, despite the lack of intention, the perpetrator knew or should have known that his behavior leading to a crime against the spiritual personality of the victim is unintentional. It is innocent, and it has no effect on the second hypothesis in terms of verifying the scientific, criminal and wrong element of psychology.
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