نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق کیفری و جُرمشناسی، دانشکده حقوق، دانشگاه تربیت مدرس، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Nowadays, in most of legal systems in the world, following fundamental legal changes and under the influence of new findings and scientific doctrines in the scope of criminal liability, the necessity of obtaining prerequisites and characteristics before imposing punishment on a person (criminal capacity), has been emphasized.Based on this, in the law, explicitly or implicitly, they have talked about the necessity of knowledge and the will. Therefore, it's important to pay attention to the will and its fundamental components, namely Conception, Deliberation, Internal willing and Execution, and also the analysis of the effect of making damage to any of those are necessary in the scope of causes of non imputability. In the formation of voluntary action, a systematic relationship is visible among its components. Making damage to any of the aforementioned components, will exclude the committed action from being described as willful. In fact, making damage to a component or components of the will, could result in a complete or partial disappearance of criminal liability. It is necessary to prove the existence of a will in all crimes, whether intentional or unintentional, and this is more of a medical-specialized aspect than a legal one. The comprehensive understanding of the penal legislator of the will’s concept and its general interpretation in this regard is one of the important challenges of the Islamic Penal Code in the scope of criminal responsibility. In the legal system of most Islamic countries, while recognizing the concept of will from seemingly similar concepts such as intention, intention and free will, the criminal legislator has paid attention to the effect of violating each of the components of will as sensual identity, and in particular, while emphasizing the need to establish authority in committing behavior, without exclusiveness in a specific or predetermined framework, the legislator has emphasized the importance of expert and specialized opinion in verifying the presence or absence of will. The research method in this article is descriptive-analytical and by using library resources, the author try to explain the nature and importance of will. Moreover, the legislator's approach in this regard will be analyzed and criticized.
کلیدواژهها [English]
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