Direct malice means that the perpetrator's goal in carrying out the behavior is to achieve a criminal result, unlike indirect malice, where the perpetrator does not want the result to be achieved, but is aware that the result will occur in the normal course of affairs. Direct malice is achieved by the perpetrator's choice, and any result that is chosen will fall under direct malice; even if it is not the perpetrator's final and ultimate goal. However, the legislator in Article 290 of the Islamic Penal Code has allocated paragraphs A and D to direct malice and paragraphs B and C to indirect malice. According to the present study, if the perpetrator wants to achieve a result, his malice is directly achieved, even if his hope of achieving the result is negligible; just as if the perpetrator chooses a specific method to achieve the result, but the said result occurs in another way, his malice will also be directly achieved. The legislator has also considered the intention of a specific individual or individuals to result in an intentional crime if the crime committed by the perpetrator is committed against the individuals he intends; Unlike when the perpetrator does not have a specific person or people in mind, blaming any person for the crime will result in the commission of an intentional crime.
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mohammadkhani,A. and sadeghnejadnaeiny,M. (2025). Direct malice in Article 290 of the Islamic Penal Code. Judgment, 24(120), 67-82. doi: 10.22034/judg.2025.2053027.1371
MLA
mohammadkhani,A. , and sadeghnejadnaeiny,M. . "Direct malice in Article 290 of the Islamic Penal Code", Judgment, 24, 120, 2025, 67-82. doi: 10.22034/judg.2025.2053027.1371
HARVARD
mohammadkhani A., sadeghnejadnaeiny M. (2025). 'Direct malice in Article 290 of the Islamic Penal Code', Judgment, 24(120), pp. 67-82. doi: 10.22034/judg.2025.2053027.1371
CHICAGO
A. mohammadkhani and M. sadeghnejadnaeiny, "Direct malice in Article 290 of the Islamic Penal Code," Judgment, 24 120 (2025): 67-82, doi: 10.22034/judg.2025.2053027.1371
VANCOUVER
mohammadkhani A., sadeghnejadnaeiny M. Direct malice in Article 290 of the Islamic Penal Code. Judgment, 2025; 24(120): 67-82. doi: 10.22034/judg.2025.2053027.1371