مقاله


کد مقاله : 13971214178019

عنوان مقاله : Examination of the Mental Element in Causation

نشریه شماره : 2 Autumn 2018

مشاهده شده : 182

فایل های مقاله :


نویسندگان

  نام و نام خانوادگی پست الکترونیک مرتبه علمی مدرک تحصیلی مسئول
1 Habibi Zahra Habibiz@gmail.com Post Graduate Student M.A
2 n.maysam@yahoo.com Associate Professor PhD
3 Maysam Veisi veisi.maysam@gmail.com Post Graduate Student M.A

چکیده مقاله

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.