Volume 26, Issue 95 ( fall 2021)
__Judicial Law Views __2012__, 26(__59__): __22440 |
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Mahdavi Sabet M A, Shambayati H, Mohammadzadeh S. Iran and England Criminal System’s Approach to Conducts Caused by Negligence and Recklessness. دیدگاههای حقوقی 2021; 26 (95) :21-40
URL: http://jlviews2.ujsas.ac.ir/article-1-1626-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1626-en.html
1- islamic azad university , ali@mahdavi.fr
2- islamic azad university
2- islamic azad university
Abstract: (617 Views)
Mens Rea (Mental element) merely doesn’t consist the people who decide to violate the law or knowingly their conducts may create prohibited result, rather in some cases can encompass some people who should foresee risk of their conduct.
Recklessness and Negligence are the most obvious examples of fault (Shortcoming) in Iran and England criminal systems which can create criminal liability.
Now the questions are these:
Frist, what are the concepts of these examples and what is two criminal system’s approach to them.
Second, what are the criterions for evaluation of these conducts and how will criminal liability be imposed in these criminal systems.
It means that, which one of the subjective or objective tests will create criminal liability.
In this article we want to prove that mere reliance to one of these tests won’t adapt with judicial justice.
We should integrate these tests with balanced point of view and blame perpetrators of these conducts.
Recklessness and Negligence are the most obvious examples of fault (Shortcoming) in Iran and England criminal systems which can create criminal liability.
Now the questions are these:
Frist, what are the concepts of these examples and what is two criminal system’s approach to them.
Second, what are the criterions for evaluation of these conducts and how will criminal liability be imposed in these criminal systems.
It means that, which one of the subjective or objective tests will create criminal liability.
In this article we want to prove that mere reliance to one of these tests won’t adapt with judicial justice.
We should integrate these tests with balanced point of view and blame perpetrators of these conducts.
Type of Study: Critical & Analisis |
Subject:
Criminal Law
Received: 2019/05/18 | Revised: 2022/12/26 | Accepted: 2019/09/23 | Published: 2021/12/12 | ePublished: 2021/12/12
Received: 2019/05/18 | Revised: 2022/12/26 | Accepted: 2019/09/23 | Published: 2021/12/12 | ePublished: 2021/12/12
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