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No 2
Vol. 2 No. 2
2018
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One example of the involvement of individuals in committing crimes and social crimes is the issue of accusations of crime. Although the word causality has a general meaning and is also used in civil law, the prevailing meaning of this concept is in criminal law, which is more in line with jurisprudential texts. . This word, which is an effective and important application in law, is one of the most challenging issues, and there are many disagreements over it. Some argue that the appropriation is the same (not dictated), and it is a rational rule that has a strong autonomy and Jurisprudence has also used examples of it as examples of it. Some also believe that the mentioned cases (from Bob causality) in jurisprudence are exclusive to the mentioned cases, and the emblem is not an independent jurisprudential and rational basis, therefore, it should be considered limited to the cases mentioned in the texts of jurisprudence. The research has been gathered with an applied and analytical and descriptive approach, utilizing library studies, and its findings indicate that the appropriation of a rational rule is in accordance with this rule as an exemplary statement of some of the cases. And these examples are in fact only examples of this rule, the legislator, instead of expressing several examples of it, would have been better off by limiting the material to the explanation of the subject matter and avoiding the ambiguities that made ambiguities in the comprehension of the audience. Avoidance Would have
seyyed rohollah aghigh - meysam nemat ah allahi - mojtaba farahmand
Keywords : caus ، jurisprudence rules ، legal rules ، causality ، justice ،
The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by virtue of the existence of a citizenship relationship. The right to health includes all medical services, adequate food, affordable housing, clean environment and .... Various and influential factors on health make it difficult to define the right, and countries are required to make fundamental decisions to ensure these facilities, which Iran has recognized in the constitution by ratifying health laws and regulations.
SaSaman Allallahveysi - ali gorji aznadreyani
Keywords : Right to health, Constitution, Citizen's rights, Fundamental rights
:Abstract Tasbib is one example of the involvement of individuals in committing a crime. Accordingly, the perpetrator of a crime in the ordinary course of life who has a well-to-do list and is aware of his existence, must be answerable for his criminal conduct. Unless the offender, for some reason, can withstand the burden of liability, in other words, his affiliation is distorted, which may be due to a lack of perception or lack of authority. Under these circumstances, you can not commit a crime to the offender. In the course of criminal proceedings, various defenses from the defendant are possible, which are based on the factors responsible for solving such liability. Factors for solving the criminal responsibility to the individual and subjective circumstances in the perpetrator are said that despite the occurrence of the crime, they will eliminate the criminal liability of the subject. The purpose of this research is to investigate whether the factors for removing criminal responsibility in recruiting from the general factors of responsibility for responsibility are different or are expressed in terms of allegory. Findings of the research show that the factors for solving the responsibility for the accrual are, in most cases, an indication of the general criteria for the removal of criminal responsibility and are not distinguished.
- mohammad reza seyahpoor - mysam nemat alahi - mojtaba farahmand
Keywords : Litigation, ، Criminal Liability, ، Criminalization, ، Liability,
In the case of the fact that the material element of causation must be due to the act or omission of action, it is certain that it is possible in both cases. Causation with action is certainly possible, and in omission of action, the omissioner is responsible for causing death or physical damage to another when the result is due to omission of act. Therefore, if there is another independent factor that death or injury can be imputed to it, the omissioner can’t be held responsible for the result. In this regard, "the law of refusing to help injuries and eliminating the side-effects" should be taken into account. The existence of the necessary mental element in the causation is a condition for the action or omission of action to be responsible. In fact, the accused person should have asked for the result of his/her desire and final opinion. This condition indicated that, although, considering the possibility of condemning the omissioner to deliberate murder committing or physical damage in Iranian law, and this is generally not ruled out, in practice, proving that the omissioner did not do commit negligence and guilty, but his absolute intention and determination for omission of action was reaching the intended result, and as a result, it would be very difficult to consider the committer's conduct a deliberate action. In many cases, the omissioner is condemned solely to commit undeliberate crimes against persons (pseudo-intentional and sheer error), and in most cases, the mental element necessary for deliberate crime in omission of action is unproven, and he/she sentenced to an undeliberate crime. In this research, we investigated the crimes that whose faults are assumed in terms of causation and supposed stewardship.
Habibi Zahra - - Maysam Veisi
Keywords : Mental element, causation, collection of causes, confidential intention, collection of causes, fault
In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Non-criminal and criminal measures based on the criterion of age in discretionary offenses of juveniles and has focused on judicial measures on socialization of these people because of refusing to apply repressive criminal responses. Despite of removing gender separation and possibility of apply appropriate responses; there are some ambiguities in acceptance of gradual system in discretionary offenses. not providing to extension of protective and supervisory measures to people under 9 years according to the first section of the article 88 the Islamic Penal Code about criminal liability and restrictions on the use of restorative responses in juvenile procedure, authority of the judge in determining freedom with care method, not being comprehensive measures referred to in article 89 in terms of the impossibility of extension measures under article 88 to not severe offenses of age group 15 to 18 years cause are restrictions that cause not providing to achieve absolutely to differential approach in the field of legislative criminal policy related to juvenile delinquents. This article emphasizes using a descriptive- analytic method and studying of France legal system and former substantive criminal law necessity of taking non-criminal measures on persons under the minimum age of criminal liability, expansion of restorative response, The necessity of using of freedom with care method while giving children to family like September 9, 2002 Act of France and provides efficient legislative criminal policy with critical review each of these ambiguities
mohammad saeeid shafiei
Keywords : Critical -Study of Gradual- criminal liability -of juveniles- in discretionary- offenses

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