Mohammad Ebrahim Shams Natari; Saeideh Yari; Golshan Fathi
Volume 8, Issue 1 , August 2020, , Pages 9-38
Abstract
Abandonment in intentional crimes is one of the topics that has been discussedamong jurists and jurisconsult for a long time, and familiarity with different viewsrelated to it can help ...
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Abandonment in intentional crimes is one of the topics that has been discussedamong jurists and jurisconsult for a long time, and familiarity with different viewsrelated to it can help to deduce the view of our country's legislator. Accordingly, thisarticle examines this issue among jurists and jurisconsult, especially customaryjurists and the Islamic Penal Code adopted in 1392. The issue that introduce inrelation to the crime of omission in the case of crimes is that some people haveopposed the idea that abandonment of action and refusal are considered non-existentand have stated that non-existence cannot be the cause of existence. Also, the lack ofa causal relationship between the omission of the act and the criminal result, havedenied this issue and do not consider the omission of the act as a corpus delicti of thecrime. On the other hand, according to Articles 2 and 295 of the Islamic Penal Code,they accept the omission of the act as a corpuse delicti of the crime if, firstly, theomission of the act is achieved in special circumstances (law, contract, etc.) andsecondly The causal relationship between leaving the action and the result must beachieved, otherwise leaving the action as a corpuse delicti is not considered a crime.
