Rethinking in concept of the causality relationship in the Islamic Penal Code adopted in 1392

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Amir Noie ¹ , Javad Vahedizadeh ² , Ali Afrasiabi ³

1 - Law Department, Ardabil Branch, Islamic Azad University, Ardabil, Iran,
2 - Law Department, Ardabil Branch, Islamic Azad University, Ardabil, Iran,(
3 - Law Department, Ardabil Branch, Islamic Azad University, Ardabil, Iran؛Amin Police University, Tehran, Iran,

Received: 2022-06-02 Accepted : 2022-06-27 Published : 2022-06-22

Keywords: behavior, causation, Influence of Behavior, material citation, psychological citation,

Abstract :

Crime responsibility is taken on an agent that there should be a relationship between the agent behavior and its result when several agents are involved in occurrance a crime. This relationship that relates responsibility to a responsible person is called "the causation relationship" and so its elements and components must be explained to ascertain it. The legislature has taken a basic approach to identify the causation relationship, in the recent legislation in the criminal law and by approval of the Islamic Penal Code in 1392. The present study, as descriptive analytical and library one, presents a new concept to describe the causation relationship on the one hand and proof of its guarantee on the other hand, also shows need to pay attention to the citation in the actus reus and mens rea concepts which their combination is effective to determine the criminal responsibility of the agent or agents influencing to occur the criminal outcome.