Juridical-Logical Analysis of Obligatory- Statutory Provisions in Action Stopping according to Cited Relation
Subject Areas : Private law
fazlooah Foroghi
1
(شیراز)
Amir Bagherzadehgan
2
(تهران)
Mohammad Mirzaee
3
(شیراز)
Keywords: Worldly element, Stop action, Crime result, Causality relation, Proven relation,
Abstract :
Worldly element of crimes is almost doing by action and the subject is possibility of crime commitment by stopping action in disputing issues between jurists and lawyers and the main disputing point is non originative existential percept(action) from naught percept (stopping action) and difficult proving of causality relation between criminal results and stopping actions in these cases; With different opinions analysis, this paper is trying to find an empowered opinion in obligatory- statutory provisions of action stopper by jurists and comparing it with the idea of Islamic Republic of Iran. The question is that does crime prove to be true with stopping action in particular conditions? Undoubtedly, action stopper committed crime and deserves to punish; the sentence of him will run after obtaining the cited relation in the conception and causality relation in its specific concept as a standard of guaranty can be run, too. But in proving, the certainty of cited relation is combining with hassle in this situation and yet this subject is not denying the guarantee of him.