首页    期刊浏览 2025年06月22日 星期日
登录注册

文章基本信息

  • 标题:The Strict Criminal Liability in Iran’s Criminal Legal System
  • 本地全文:下载
  • 作者:Seyyed Mahmoud Mir-Khalili ; Abuzar Salarifar
  • 期刊名称:Journal of Politics and Law
  • 印刷版ISSN:1913-9047
  • 电子版ISSN:1913-9055
  • 出版年度:2016
  • 卷号:9
  • 期号:8
  • 页码:24
  • DOI:10.5539/jpl.v9n8p24
  • 出版社:Canadian Center of Science and Education
  • 摘要:The strict criminal liability is one of the institutions which has been accepted and expanded its dimensions in countries, including England, since 19th century. Although, criminal intent or fault is the most important elements of every offenses, but, due to some reasons, such as expediency, necessity, benefit, increasing prevention index, the mens rea element of offense, fully or partially, is sometimes removed or presumed. In Iran’s criminal legal system, this legal institution has not been considered formally and explicitly by the legislator, but recently, Iranian legal experts, given some existing necessities, try to put some offenses into the category of the strict criminal liability. In fact, some offencesin criminal legal system, namely traffic offences, bounced cheque, injuries resulted from medical operations and some environmental offences, can be placed under the title of the strict criminal liability. Despite many problems to which the acceptance and development of the strict criminal liability may be faced, It seems, in many cases, this institution can solve the problems related to difficulties of proof and ascertainment of the criminal intent beforecourts. Also, today, Iranian judicial courts don’t take into account the mens rea practically and presume itin many cases.
国家哲学社会科学文献中心版权所有