Volume 27, Issue 97 (spring 2022)
__Judicial Law Views __2012__, 27(__59__): __224212 |
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khoramieraghi E, rezvani S, mahdavipoor. Analysis of the effect of "ignorance" on realization The "Al-Dar" rule In the legislative and judicial system of Iran. دیدگاههای حقوقی 2022; 27 (97) :191-212
URL: http://jlviews2.ujsas.ac.ir/article-1-1583-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1583-en.html
1- kharazmi university of tehran , erfan.eraghi@gmail.com
2- kharazmi university of tehran
2- kharazmi university of tehran
Abstract: (652 Views)
In penal systems, presumption of knowledge of law and its probative value have lost its general function,Due to relatively numerous exceptions and violations of justice and fairness. In the Islamic Penal Code adopted in 2013,Because of the connection between ignorance and another category called "Suspicion",There is more flexibility in accepting ignorance as a legal excuse.However,in Articles 120 and 121, clear criterion for detecting the effects of ignorance on suspicion haven't been established.In some jurisprudential sources, ignorance is one of the barriers to criminal liability, but there are disagreements in terms of the admissibility of the claim of ignorance. The role of components such as, "unawareness of the legal statement", "have reasonable opportunity and possibility to obtain knowledge", "Trying to reach the accurate legal sentence" and "basing defendant's belief on reasonable cause", is remarkable in determining the terms "forgiven ignorance".Jurisprudents who accept the claim of ignorance as "Suspicion", have set Different criteria like, "¬inculpable¬", "honest and reasonable belief" or "¬inevitable ignorance".As a result, realizing canonical excuse, Which is due to the consideration of the inherent human dignity, Develope Criminal tolerance and Avoiding the retributive Theories in the Islamic Penal Code.
Type of Study: Critical & Analisis |
Subject:
Criminal Law
Received: 2019/03/18 | Revised: 2023/01/21 | Accepted: 2020/01/13 | Published: 2022/06/18 | ePublished: 2022/06/18
Received: 2019/03/18 | Revised: 2023/01/21 | Accepted: 2020/01/13 | Published: 2022/06/18 | ePublished: 2022/06/18
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