نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
The phrase "like a Jenayat" in the Islamic Penal Code is one of the ambiguous concepts that have been interpreted differently. According to the opinion accepted in this article, the said phrase does not refer to the method of committing the “Jenayat” and has nothing to do with it; Also, the above-mentioned phrase refrains from discussing the Mistake in the purpose, and it cannot be considered that theMistake in the purpose is intentional by referring to it. The accuracy of the phrase like a Jenayat shows that the opinion of the legislator is similar to the intent of the perpetrator of the crime, and therefore, in the crime of murder, which has no equivalent, such a phrase will have no meaning and can only be imagined in a crime against the body part. ; In such a way that if the perpetrator intends to destroy or injure a specific body part, but a body part similar to the intended body part is destroyed or injured, the committed crime will be intentional. Also, the criterion for distinguishing the said phrase is only custom; In such a way that the custom considers the intended crime and the actual crime to be so similar that the intention of each is considered sufficient instead of the other. Like when the perpetrator intends to blind the victim's left eye, but his left eye becomes blind. Therefore, if the perpetrator intends to commit a serious crime, but the actual crime is milder than that, the actual crime cannot be considered intentional because he intended to commit a more serious crime. Like if he intends to blind the victim's eyes, but in practice his behavior causes the victim's knuckles to be cut off.
کلیدواژهها English
