Investigation the typically deadly acts and lethal weapon in Iranian criminal law (according to the Islamic Penal Code adopted in 1392)

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

masoud Fadaei Dehcheshmeh ¹ (Faculty of Humanities, Shahroud Branch, Islamic Azad University, Shahroud, Iran)
Asal Azemeyan ² (Faculty Member, Department of Law, Faculty of Humanities, Shahroud Branch, Islamic Azad University(IAU), Shahroud, Iran)
amir Soleymani ³ (Faculty of Humanities, Shahroud Branch, Islamic Azad University, Shahroud, Iran)

Received: 2021-02-07 Accepted : 2021-06-07 Published : 2021-05-22

Keywords: ", Intentional Murder", Typically Murderous treat", lethal weapon", Intention to punishment",

Abstract :

"Intent to typically deadly act" is a phrase that is specified in the articles related to premeditated murder (paragraphs b and c of Article 206 of the Law of 1991 and paragraphs B and C of Article 290 of the Law adopted in 2013); This restriction is interpreted in different ways by the legislature in the terminology of jurists in terms of not providing a definition of it. The important point is that this rule merges with kind of murder which used instrument in, and causes ambiguities that some consider typically deadly acts mean same as the murder which used instrumet.It was sufficient Judicialy the mere of the using deadly weapon regardless of the position of the blow, the sensitivity and the absence of the position to carry out the premeditated murder. We believe that both of, "typically lethal" and "lethal weapon," are two separate concepts, meaning that the lethal weapon is the instrument used in murder and does not have a specif meaning in murder, and only should He looked at it to prove the murder and the means by which the murder was committed. In this article, we intend to address some of the ambiguities and drawbacks about this approach and its distinction from the instrument used in murder. This research has been done in the form of a library-documents that we first found the source in relation to the subject according to the subject and then studied the field by gathering resources.