The effect of urgency caused by personality disorder on committing a crime in the legal system of Iran and Canada
Subject Areas :Abbas BaieLashaki 1 , Mahmood HabibiTabar 2 , Mehdi Esmaeili 3
1 - PhD student, criminal law and criminology, Ayatollah Amoli branch, Islamic Azad University, Aml, Iran.
2 - Assistant Professor, Department of Law, Saveh Branch, Islamic Azad University, Saveh, Iran
3 - Assistant Professor of Law, Tehran Central Branch, Islamic Azad University, Tehran, Iran
Keywords:
Abstract :
Urgency is one of the factors of criminal liability. In the Islamic Penal Code, temporary insanity at the moment of committing a crime is considered one of the factors of immunity from criminal responsibility. This research has been done by analytical-descriptive method and aims to investigate the effect of urgency on committing a crime and punishing the criminal in two legal systems of Iran and Canada. In this situation, the personality is changed in such a way that the patient is not able to remember it and therefore commits the crime involuntarily. In our country, there is no reliable proof to know this situation, and claims with this theme are usually rejected. Naturally, the judge cannot give effect to claims without strong evidence, and the principles of criminal justice demand the punishment of the criminal. In the legal system of Canada, derived from scientific research, the evidence proving this situation is recognized and based on it, the criminal may be exempted from punishment. This model can be used in our country and subject to the approval of judicial experts, this proof procedure can be made available to the forensic medicine in the form of a regulation, and the judicial procedure is required to follow this crime proof method.
