the Rule of Dara’ and the and the rule of its application
Subject Areas :
نجمه نبوتی
1
(
عضو هیات علمی دانشگاه پیام نور ساوه
)
Keywords: Criminal Responsibility, confusion, the rule of Dara’proving crime,
Abstract :
The Rule of Dara’ is one of the most important rules of criminal jurisprudence, which has been established in the Islamic penal code and is also enforceable in the Iranian criminal law. The rule has been explicitly adopted by the legislator since the 2013 amendments to the Islamic Penal Code. The purport of this rule is that, if there is any doubt or ignorance about the judgment of subject (examples of confusion) on behalf of the accused or any doubt about the attribution of criminal act on the behalf of the judge or about the conditions of criminal responsibility, the criminal responsibility and punishment are no longer under consideration. The present research seeks to articulate the concepts of the rule of Dara’ and the criterion of confusion and doubt about the three elements of crime; in this way, it states the cases in which the existing confusion results in the application of the rule of Dara’. It should be noted that in the Islamic jurisprudence, the basis of the criterion of confusion is the rule of Dara’ which has many channels. The "confusion" also refers to the confusion in practice the owner of which can be a judge or a defendant.
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