The Legal Jurisprudential Position of Reluctance in Crimes against Physical Integrity in the Criminal Law of Iran and France
Subject Areas : Private law
Seyyed Ebrahim Ghodsi
1
(Associate Professor, Department of Criminal Law and Criminology, Mazandaran University, Babolsar, Iran,)
Abdollah Parastesh
2
(Ph.D. Candiadate, Department of Criminal Law and Criminology, Mazandaran University, Babolsar, Iran)
Keywords: crime, murder, reluctance, Cunning,
Abstract :
In Iranian jurisprudence and law, the issue of reluctance to commit crimes against physical integrity is different from French law. In Iranian law, reluctance to kill is not permissible for murder in the opinion of most jurists, but reluctance in a crime affects the member and retribution is directed at the reluctant. In reluctance to commit a crime on a member, the fact is that the person threatened by the soul and the subject of the crime is a member has been effective, but if the person threatened by the soul and the subject of the crime is also a member, it has been silenced in jurisprudence and law. We conclude that the threat to the soul or limb must be higher than the subject of the crime in order for reluctance to be effective. Therefore, we came to the conclusion that what is not a license for murder is the order to kill, not reluctance to kill, and in the case of murder, the person in charge has the intention, will and full authority to carry out the order. The French Penal Code, enacted in 1992 (effective 1994), legislates reluctance to commit murder in the context of generalities and Article 2-122; The article considers reluctance as a general rule in all current crimes and states that the perpetrator has no criminal responsibility.
2) مقالات
ب) عربی
_||_
Adalatkhah, M. R. (2014). Extensive Islamic penal code. Tehran: Majd Publication.
Aghaei Nia, H. (2014). Crimes against physical integrity (crimes). Tehran: mizan.
Agriculture, A. (2014). Detailed description of the Islamic Penal Code (retribution section). Tehran: Jangal.
Ameli, S. (1966). The Beautiful kindergarten in explanation of the Damascene glow. PJ: no place.
Ansari, M. (1955). The principles of principles. Qom: Mostafavi Publications.
Ansari, M. (No date). Al-Makasib. Beirut: Lithography.
Babawiyah Qomi, A. (1993). From the presence of the jurist. Qom: Islamic Publications.
Haghpanah, A. (2014). Legal and criminological analysis of the Islamic Penal Code in the new legal order. Tehran: Jangal.
Haji Tabar Firooz Jai, H. & Fallah, A. (2017). The sentence of reluctance to murder and its documents in Imami jurisprudence and Iranian law. Quarterly Journal of Islamic Jurisprudence and Law, 13(47), 71-92.
Halabi, A. (1990). Al-Kafi Fi Al-Fiqh, Al-Yanabi Al-Fiqh Series. Qom: Shiite Jurisprudence Institute.
Hashemi Khanabasi, A. & Ahmadi, M. (2015). Jurisprudential and legal study of the effect of doubt in removing punishment. Quarterly Journal of Islamic Jurisprudence and Law, 11, (39), 135-150.
Hur Ameli, M. (No date). Shiite tools. Beirut: Al-Bayt.
Ibn Athir, M. (1963). The end is in the strangeness of the hadith and the effect. Cairo: Tahir Ahmad Zawi and Mahmoud Mohammad Tanahi.
Ibn Hazm Andalusi, A. M. (No date). Places with works. Beirut: Dar Al-Jalil and Dar Al-Afaq Al-Jadeeda.
Ibn Manzour, M. (1988). Arabic language. Beirut: Dar Al-Tarath Al-Arabi.
Jafari Langroudi, M. J. (2009). Extensive in legal terminology. Tehran: Ganj Danesh.
Khezri Beck, S. (1987). Principles of jurisprudence. Beirut: Dar al-Qalam.
Khoei, A. (No date). Completion of curriculum. Najaf, Al-Adab Press.
Khomeini, R. (No date). Tahrir Al-vasileh. Tehran: Islamic Publications Office.
Luthermi, L. & Klub, P. (2008). French public criminal law requirements. Translated by Mahmoud Rouhalamini. Tehran: Mizan.
Mina, M. (2013). The concept of reluctance and its effect on the will with a look at French and Egyptian law. Journal of Legal Studies, 5(2), 193-222.
Mohaghegh Damad, S. M. (2010). Rules of jurisprudence (criminal section). Tehran: Islamic Sciences Publishing Center.
Najafi, M. H. (1983). Jewelery. Beirut: Arab Heritage Center.
Odeh, A. (1985). Islamic canon law. Beirut: Heritage School.
Sadeghi, M. H. (2007). Crimes against persons. Tehran: mizan.
Shahid Sani, A. (1960). Sharh Alome., Qom: Dar Al-Alam Publication.
Sheriff, C. & Shirzadifar, F. (2014). Murder caused by suspicion of intent with a view to the Islamic Penal Code. Quarterly Journal of Islamic Jurisprudence and Law, 10(35), 79-96.
Sheriff, K. &Beigi Herbagh, H. (2019). Jurisprudential and legal bases of murder resulting from omission in Iranian law with a view to the common law legal system. Quarterly Journal of Islamic Jurisprudence and Law, 16(58), 51-67.
Tousi, A. (1944). Civilization. Tehran: Islamic Library.
Validi, M. S. (2013). Description of the requirements of the Islamic Penal Code in comparison and application with the previous law. Tehran: Jangal Publication.