Volume 21, Issue 73 And 74 (9-2016)                   __Judicial Law Views __2012__, 21(__59__): __22444 | Back to browse issues page

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Mental disorder defense in the time of Crime: the contradiction between accused rights with victim benefits. دیدگاه‌های حقوقی 2016; 21 (73 and 74) :21-44
URL: http://jlviews2.ujsas.ac.ir/article-1-809-en.html
Abstract:   (3198 Views)

Following the occurrence of international crimes in the territory of yugoslavia and Rwanda, UN security council established international criminal tribunals and after a while international criminal court was presented so that it be an answer to crimes, perpetrators as responsible and healing victims. But because of the aforementioned courts couldn't ignore the accused rights, regulations predicted in tribunals statue. Among these rights are the defenses such as mental disorder is considered to be an exclude for responsibility and if it is proted lead to punishment reduction or exculpation. Also the rictims have to consider justice as done so that making peace and calmness be accepted as the aims of international criminal justice. But the return of acquittal or people that have endured reduced punishment to regions where serious international crimes took place without any medication to eliminate their dangerous state can't be coordinate with the mentioned aims. Whereas the jurisprudence and regulations of international criminal courts about mental disorder defense hasn't taken consideration not only the accused rights but also vicitims benefits.

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Type of Study: Applicable Research | Subject: Criminal Law
Received: 2016/04/05 | Revised: 2019/01/06 | Accepted: 2017/11/28 | Published: 2018/01/20 | ePublished: 2018/01/20

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