Volume 17, Issue 60 (Winter 2013 2013)                   __Judicial Law Views __2012__, 17(__59__): __224178 | Back to browse issues page

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Kalantari K, Jafari zadeh F. Criteria & Examples of . دیدگاه‌های حقوقی. 2013; 17 (60) :151-178
URL: http://jlviews.ir/article-1-87-en.html
1- University of Mazandaran , KiumarsKalantari@yahoo.com
2- University of Mazandaran
Abstract:   (15106 Views)

According to clause B of article 206 of Islamic penal code (enacted in 1370) & clause 2 of 288 article of Islamic penal code (enacted in 1390) the lawmakers is adopted " intention to commit a typically fatal act " as a criterion murder ( felony) in criminal law. Since the definition of the action or " Typically fatal act " does not exist in law , so , there is different interpretations of the law by the courts in practice and the judicial procedure ,as particularly manifested in the decrees issued by supreme court branches , suggests that the tribunals & supreme court branches regard-by extensive interpretation of article B clause 206 ,the mere '' usage of a lethal weapon" regardless of the position of the hit , as sufficient for verification of deliberate murder .

This article discusses some of the problems identified Precedent and the criteria for diagnosis and Identification of " Typically fatal act" deals.

Full-Text [PDF 311 kb]   (6629 Downloads)    
Type of Study: Research | Subject: Pivate Law
Received: 2013/02/27 | Revised: 2013/03/05

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