نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق کیفری و جرم‌شناسی، دانشکده حقوق دانشگاه قم، ایران، قم
2 دانشجوی دکتری حقوق کیفری و جرم‌شناسی، دانشکده حقوق و علوم سیاسی دانشگاه مازندران، ایران، مازندران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In cases where the conditions of criminal responsibility are met in the perpetrator of the crime, punishment will follow. But sometimes, due to ignorance or doubt that is created for the perpetrator of the crime or the judge, there is uncertainty in the realization of criminal responsibility. In this case, being knowledgeable is compared to being ignorant in order to judge those who claim ignorance or doubt in the criminal proceedings. In this regard, the same perception of the concept of ignorance and doubt in legal articles and their impact on the fall of different punishments may cause an imbalance in the administration of justice, while the accurate identification and balancing of ignorance and doubt will lead to consequences that its output in terms is important in terms of being responsible for the perpetrator. Nevertheless, in some legal articles which are related to criminal responsibility, religious offences and its criminal evidence, not only a balance has not been established between the mentioned concepts, but the examination of the decisions of the criminal courts indicates differences of opinion about ignorance and doubt. Therefore, based on descriptive-analytical method, this article aims to draw the unbalanced position of ignorance and doubts in mentioned issues and to propose solutions such as providing a criterion for distinguishing doubt to the Iranian legislator.
کلیدواژه‌ها [English]
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