Investigating the relationship of citing voluntary crimes against oneself due to another fear

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.

2 Master of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.

10.48300/jlr.2023.405395.2384

Abstract

Article 499 of the Islamic Penal Code approved in 1392, the criminal legislator has removed the description of the loss of will contained in Article 326 of the Penal Code of 1370 regarding actions against oneself due to the intimidation of another, and has considered the only condition for the fall of the responsibility of the intimidated steward is his lack of discretion when committing the acts. In the meantime, the question can be asked whether the voluntary actions of the fearful officer in the situation of intimidation caused by another person can be considered as a justification for the legitimacy of the crimes against him in such a way that the results of the incident can be attributed to the responsible person. The result of the reflections is that at least three different approaches have been proposed regarding the detailed question, and it seems that the second theory is favored by the criminal legislator. The first approach tries to prove the absolute guarantee of terrible people by insisting on the "if it were not" criterion. The second approach, by focusing on the "voluntary involvement" of fearful people in entering the crime and insisting on "certain current indeterminacy" on the part of the fearful person, in contrast to the repulsive person in the state of reluctance, believes that there is no absolute guarantee of fearful people. The third approach, with the criterion of "predictability of danger" in addition to "conventional rational behavior towards creative panic".

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 30 December 2023

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