insanity as an excuse in iranian and english law
نویسندگان
چکیده
if someone committed a crime while insane, in different legal systems, it is accepted that deal with him should be different from people with mental health and in the case of the existence of other circumstances, he is recognized without criminal responsibility. this is commonly where the wrongdoer suffers from complete mental disorder, not partial mental disorder. the islamic punishment code 1370, does not recognize any differences between the mentioned abnormalities; and although the islamic punishment code 1392 somehow takes into consideration the issue, it is silent in determining response to those experiencing the partial mental disorder which is one of the defects of the aforementioned code. also the spotlight of the recent code is removing criminal liability as a result of insanity; and how to find insanity, its terms and appropriate responses for insane wrongdoers is not taken into consideration properly. in contrast, in english legal system, insanity is considered in both statute and case law, its conditions are specified and it is more detailed. on this basis, it seems that it is possible to use the positive aspects of this approach in the iranian legal system.
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عنوان ژورنال:
مجله مطالعات حقوق تطبیقیجلد ۶، شماره ۲، صفحات ۴۹۱-۵۱۷
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