نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Theory of transferred malice in English legal system and its applicability to Iran's criminal law
Abstract
The theory of malice transferred for the first time in 1576 AD in the English case Regina v. Saunders & Archer was brought up and it is currently referred to in English jurisprudence. The reason for inventing this theory was to consider the murder as intentional due to the mistake of the perpetrator in the person of the victim. In such a way that the perpetrator had the intention of killing a certain person and actually tried to kill him, but because of a material mistake, he kills another person. This theory is based on the centrality of transferring the intention from the intended person to the unintentional victim. In the book "History of the Coronation of the Police" by Sir Matthew Hale, which is considered an influential treatise in English criminal law, it is stated that the reason for the transfer of intent is simply law or justice. However, the important question of the current research philosophy is the applicability of this theory to the criminal law of Iran. Some jurists claim the manifestation of this theory in the note to Article 292 of the Islamic Penal Law 2013; While this claim is not acceptable. Because the mentioned note is independent of criminal intent as a face of malice and the main axis of it is the other face of malice, which is the knowledge of realizing the criminal result. This is while in the theory of transferred malice, knowledge or awareness of the criminal product has no place.
کلیدواژهها English
