insanity as an excuse in iranian and english law

نویسندگان

سید محمد حسینی

دانشیار گروه حقوق جزایی و جرم شناسی دانشکدۀ حقوق علوم و سیاسی دانشگاه تهران امیر اعتمادی

دانشجوی دکتری حقوق جزایی و جرم شناسی دانشگاه علوم قضایی و خدمات اداری

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.

برای دانلود باید عضویت طلایی داشته باشید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

exploring interconnections between iranian efl teachers beleifs about the status of english as an international language (efl), use of mother tongue in efl classroom, and diffrences between native and non-native teachers of english

in one pole of the continuum of language learning, theoreticians and practitioners traditionally consider english as english as a second language or english as a foreign language. however, in the other pole of this continuum where english is thought of as the most effective tool for international communication, it is referred to as a lingua franca. those who favor an approach to english growing...

15 صفحه اول

Surrogacy in Comparative law; With Emphasis on French, Iranian, English and Greek Law

The surrogacy is one of the artificial reproductive technologies through third party interference, which has raised many legal debates. Studying the law of various countries around the world shows a variety of different legislative approaches in this regard. In this paper, I first categorize legal systems around the world in the field of surrogacy. I then review the laws and regulations of four...

متن کامل

Transnational Law as an Excuse. How teaching law without the state makes legal education better

The purpose of this essay is to argue in favour of the idea that we should consider ‘transnational law’ as a legitimate part of legal education, including not only state but also non-state forms of normativity. The paper is structured as follows. First, I suggest that in the face of the existing conceptual controversy around the concept of ‘transnational law’ we should adopt a pragmatic perspec...

متن کامل

an investigation into iranian teachers consistency and bias in evaluation of students writings

while performance-based language assessment has led to an increased authenticity and content validity in the practice of writing assessment, the reliability of ratings has become a major issue. research findings have shown different reactions by native english speaker (nes) and non-native english speaker (nns) teachers to students’ writings. the focus of this study is on investigating whether i...

منابع من

با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید


عنوان ژورنال:
مجله مطالعات حقوق تطبیقی

جلد ۶، شماره ۲، صفحات ۴۹۱-۵۱۷

میزبانی شده توسط پلتفرم ابری doprax.com

copyright © 2015-2023