List of Articles Intentional crime

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  1 - Investigating the degrees of premeditated murder based on the psychological element with emphasis on Quranic texts
  Hamidreza Dejan Mehdi Sabooripour Mahmoud Ruh Al-Amini Seyed Mehdi Ahmadi Mousavi
  10.30495/qsf.2021.683450
  In Iranian legislative systems, unlike other legal systems, the classification of murder is not recognized. Now the important question is, how can combine the "standard criterion" that is the criterion in "acting typically causing murder another" with the personal crite More

  In Iranian legislative systems, unlike other legal systems, the classification of murder is not recognized. Now the important question is, how can combine the "standard criterion" that is the criterion in "acting typically causing murder another" with the personal criterion based on "perpetrator awareness and attention"? The answer is that materially and externally, the perpetrator's action should not be based on a certain criterion, i.e, from the point of view of a "normal person", in most cases, it leads to the murder of another, and unintentional murder, but also from a psychological point of view, should be found that he was aware of this. In this article, while analyzing the concept of jurisprudential and classical premeditated murder, we examined its degrees according to the severity of criminal intent and concluded that the type of grading is both effective in the amount of punishment and it can be in accordance with the principles of criminal justice. Manuscript profile
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  2 - The consequences of changing the gender of couples in issues of Qisas and diyāt
  Sayyed mohammad Hoseini
  10.30495/iifs.2022.695080
  Aim: Since in the Islamic legal system, men and women are retaliated against each other, the main purpose of the present study is to answer the question: what effect does a change in the gender of the criminal or the victim have on Qisas and the amount of diyā? Method: More

  Aim: Since in the Islamic legal system, men and women are retaliated against each other, the main purpose of the present study is to answer the question: what effect does a change in the gender of the criminal or the victim have on Qisas and the amount of diyā? Method:  This research applies the descriptive-analytical method and analyzes the arguments of Imamiyyah jurists.  Findings: The findings of this study indicated that in the issue of diyā, gender change does not make any difference in the diyā that was determined as the responsibility of the person before this, but diyā after gender change is calculated according to the new gender. Regarding Qisas, if a woman commits a crime that requires retribution before changing her gender, gender change does not affect her Qisas.  But if the perpetrator of the crime is a man and next of kin of the slain person asks for his Qisas, he must pay the difference in diyā, and after that the sentence of the murderer will be executed. If there is a delay in the execution of the sentence of Qisas and the gender of the killer is changed to a woman, then there are two possibilities for Qisas. Conclusion: According to the correct probability, after the gender change, the murderer's sentence, which was proportional to his gender, will be proportional to his new gender. Manuscript profile
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  3 - The Position of Responsibility and Compensation in the Light of Quasi-Criminal Law in the Penal System of Iran and the United Kingdom
  MohammadReza Golpayegani Nasrin Mehra Mohammad Ali Mahdavi Sabet Ali Safari
  This article aims to examine the criminal system of Iran and the United Kingdom regarding compensation for unintentional crimes. The question of the present article is about compensation for unintentional crimes in Iranian and British law, which was analyzed using a des More

  This article aims to examine the criminal system of Iran and the United Kingdom regarding compensation for unintentional crimes. The question of the present article is about compensation for unintentional crimes in Iranian and British law, which was analyzed using a descriptive analytical method and was investigated using a library method.  The results of the article showed that in the criminal system of Iran, the rights of victims of quasi-crime do not have a proper place, and in the legislative policies, the compensation of their losses is not paid much attention, but in the criminal system of the United Kingdom, there are comprehensive regulations regarding the compensation of victims of quasi-crime. In Iran's courts, compensation for non-intentional crimes is done after proving the violation of a legal provision as a result of carelessness or recklessness, and in the courts of the United Kingdom, compensation is done after proving the violation of a legal obligation. Manuscript profile
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  4 - Study of the Social Aspect of Intentional Crimes against Physical Integrity in the Islamic Jurisprudence and the laws of of Islamic countries with Emphasis on the Iranian Law
  Ruhollah Akrami Masoud Heidari
  10.22034/ijrj.2021.684729
  The intentional Crimes against physical integrity are among the crimes in which the private aspect is very colorful due to the direct harm to individuals. Therefore, the retribution as the main penalty like the blood money is given to victim or his/her parents. This iss More

  The intentional Crimes against physical integrity are among the crimes in which the private aspect is very colorful due to the direct harm to individuals. Therefore, the retribution as the main penalty like the blood money is given to victim or his/her parents. This issue has led some to ignore the separate right to punishment for society. In Islamic jurisprudence and consequently in the regulations of Iran, the discussion of the legitimacy of the ta'zir of the perpetrator in in case of retribution, the subject of the social aspect of crime, had become one of the challenging issues after the victory of the Islamic Revolution. In the Islamic Penal code adopted in 2013, by enacting general provisions in Article 447, has tried to regulate the ta'zir of the crimes in a disciplined manner, although the amount of ta'zir, especially in the case of physical crimes less than murder, is very ambiguous. In other Islamic countries, too, the social aspect of the crime has been recognized. In the present article, with a descriptive analytical method, this issue has been studied in a comparative manner according to the jurisprudential principles which indicated the strength of the position of identifying the social aspect of intentional crimes in perspective of jurisprudential documents. In addition in our legal system, the punishment of social aspect in murder according to Article 612 of the Book of Ta'zirat, and Physical crimes less than murder, if they are examples specified in Article 614 or committed with a weapon, will be determined in accordance with this article, otherwise alternative punishments of imprisonment will be imposed. Manuscript profile
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  5 - The role of informal actors in responding to unintentional crimes causes diyat
  mostafa Kafi mohsen shekarchizadeh Ahmadreza tavakoli
  Abstract:. The broad definition of criminal policy emphasizes the role of public institutions in partnering with formal institutions in combating the criminal phenomenon, and therefore participatory criminal policy means the broad participation of public institutions al More

  Abstract:. The broad definition of criminal policy emphasizes the role of public institutions in partnering with formal institutions in combating the criminal phenomenon, and therefore participatory criminal policy means the broad participation of public institutions alongside formal and governmental institutions in response to crime. Diyat in unintentional crimes is more than a criminal form, it is a legal framework for compensating and compensating the victim, therefore, due to the existence of significant capacities such as labor dispute resolution authorities, primary and renewal boards. According to the medical system, the bodily injury insurance fund, dispute resolution councils, mediating authorities, etc., it is possible to handle cases related to blood money in unintentional crimes, such as work-related accidents, sports accidents, medical accidents and accidents. Driving is crystallized with the participation of informal and non-governmental institutions and, according to criminal policy scholars, public institutions and not only by the court as a formal government institution, which in addition to reducing the entry of cases to the judiciary, avoids From labeling, reducing trial delays, de-judicialization, using the capacities of civil institutions in resolving disputes, tending to a restorative approach in dealing with crimes and protecting the rights of both parties to the lawsuit, and dealing appropriately and distinctly with other perpetrators of intentional crimes in court. Manuscript profile