نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشیار پژوهشگاه علوم و فرهنگ اسلامی، پژوهشکده فقه، گروه مسائل فقهی و حقوقی
2 دانشجوی دکتری، گروه حقوق جزا و جرم شناسی، جامعة المصطفی العالمیة، مجتمع آموزش عالی علوم انسانی اسلامی قم
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
According to Iranian criminal law, Afghanistan and Imamieh jurisprudence are one of the conditions for the realization of murder that the perpetrator intended to murder a particular offender and achieved his goal. However, in cases such as murder in the belief that Mahdoraldem was in spite of the conditions for murder, Imami jurisprudents and the Iranian legislator have considered it involuntary homicide. The main issue of this study is that from the perspective of criminal law of Iran, Afghanistan and Imami jurisprudence, in what case does the belief and belief of the perpetrator affect the psychological element of murder, it causes its change from intentional to unintentional? The aim of this study was to investigate the effect of contrary belief on the psychological element of murder in Criminal Law of Iran, Afghanistan and Imamieh Jurisprudence. For this purpose, analytical-descriptive research method with a bookhouse approach has been used. The obtained results indicate that according to Imami jurisprudence, in two cases contrary to belief, it changes the psychological element of premeditated murder to pseudo-intentional. One is a mistake in the subject of crime, whether his belief is conventional or unconventional. The other is a mistake in ruling the issue, if his belief has been achieved through conventional means. Iran's legislator has also accepted this by following Imami jurists. But in Afghanistan's criminal law, the thematic mistake and the wrong sentence resulting from the wrong belief of the perpetrator change the murder to pure error.
کلیدواژه‌ها [English]
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