نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق کیفری و جرم شناسی، جامعة المصطفی (ص) العالمیة، واحد گرگان، ایران، گرگان
2 استادیار گروه حقوق، دانشکده علوم انسانی و اجتماعی، دانشگاه گلستان، ایران، گرگان
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Intention to a crime or knowledge of its realization in intentional crimes and guilt in unintentional crimes are accepted examples and components of the mens rea, but one of the neglected issues in this field is the possibility of the crime occurring, which it’s place in the mens rea and it’s relation with concepts such as possible malice and gross error is not clear. Can the possibility of a crime be considered as an absolute thing and seen as intentional or unintentional crimes? Or should the possibility of the crime occurring be separated and graded? In this research, with a descriptive-analytical method and according to the Afghan Penal Code 2017 and the Iranian Islamic Penal Code 2013, the following results were obtained: the possibility of the crime occurring is one of the examples of mens rea of intentional crimes, when there is intention to the behavior (intention to the act and the possibility of the crime occurring); So if the behavior is unintentional, even though the prediction of crime is high, it cannot be considered intentional; therefore, the first one is mentioned as possible malice and the second one as gross error. In this way, these two terms are not synonymous, but express two types of mental states in criminal law. In the Afghan Penal Code 2017, the prediction of the occurrence of a crime is stated as a general rule and is evoked possible malice. In the Iranian Islamic Penal Code 2013, although there is no general rule in this issue, but it is mentioned in various articles in a scattered manner, which, like Afghan Penal Code, is another face of possible malice.
کلیدواژه‌ها [English]
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