نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار دانشگاه آزاد اسلامی واحد کرمان
2 دانشجوی دکتری حقوق کیفری و جرم شناسی دانشگاه آزاد اسلامی واحد رفسنجان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
There are two approaches at explaining the oblique intention. The objectivists make the criterion From the perspective of society. The criterion for considering those verbs and sciences that cause to the result of murder. at the face, the subjectivist still holds the accused and emphasizes his mental states. Imamieh jurisprudence has used objective criterion. But these Jurisprudents have cited examples and have not given a certain criterion for classifying these types of verbs. The Penal Code of Iran has added to this ambiguity, and in Article 144 it has not explicitly stated in what circumstances Knowledge to Occurrence of the outcome is subjected to article 144, consequently subject to clause (a) of article 290, and under what conditions the Knowledge to Occurrence of the outcome is Subjected to paragraph (b) of this Article. The present research has been designed to explain the oblique intent in common law as an objective system and determined the conditions for realizing each of these Articles using objective criteria. In this context, it explains how subjectivists consider oblique intention in a mental system such as Germany, which does not use objective and societal criteria.
کلیدواژهها [English]
)