Establishing criminal intent in the context of science and results

Subject Areas : Specialized Quarterly of Judicial Law

Farzad Tanhaee ¹ , mohammad ebrahim shams natery ²

1 - PhD student in Criminal Law and Criminology, Farabi Campus, University of Tehran,
2 - Associate Professor, Faculty of Law, Farabi Campus Faculty, University of Tehran, Qom, Iran.

Received: 2022-06-04 Accepted : 2022-08-05 Published : 2022-07-23

Keywords: Intention, custom, crime, Knowledge of the occurrence of result, natural result,

Abstract :

The knowledge of the occurrence of the result means the customary knowledge of the perpetrator as a result of his committed behavior is one of the constituent elements of the spiritual element in restricted crimes. This is referred to in indirect law as indirect or subordinate intent, while its essential and independent role in the intent of the outcome should not be overlooked. As in cases where the perpetrator of the world to the occurrence of the result, has no intention of the result. This poses a serious challenge to determining the criteria for obtaining knowledge of the occurrence of the result and makes the necessity of examining it in Iranian criminal law a necessity. In some cases, it is difficult to distinguish between intentional and unintentional crimes .As in cases where the perpetrator of the world to the occurrence of the result, has no intention of the result. This poses a serious challenge to determining the criteria for obtaining knowledge of the occurrence of the result and makes the necessity of examining it in Iranian criminal law a necessity. In some cases, it is difficult to distinguish between intentional and unintentional crimes it is difficult to distinguish between intentional and unintentional crimes