عنوان مقاله [English]
. Article 152 of The Islamic Penal Code has specified Criminal non-liability of the distressed. Article 1 of Islamic Penal Code in setting the rule of the basis of liability, has subjected the indemnification of losses to the faulty failure that, the distressed lacks this element. Making an exception about this rule and imposing liability without failure only legally is possible once causation is proved, that due to the deletion of the note of article 55, in pertinent laws there is no regulation regarding the distressed. In this situation the requirement of having legal codes and obedience of the rule of civil liability basis, is the exemption of the distress from indemnification; of course this exemption is case when the distressed causes damage, when he does damages in person to others, indemnification will be based on destruction. In American law the distress has strict liability based on damage. Accordingly, the distressed enjoys an in-complete privilege for inflicting damages to others on condition that he indemnifies damages, and failure to indemnify is deemed a fault. The basis of this fault that is called conditional fault has been constructed on distinction of reasonability or un-reasonability of damage.