Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

An Analytical Approach to the Status of Crime of Pure Error in Criminal Law System of Iran

Document Type : Research Article

Author
Mahdi Mozaffari Anari
Master of Criminal Law and Criminology, Faculty of Law and Theology, Shahid Bahonar University, Kerman. (Corresponding Author)
Abstract
The crime of sheer error is one of the three crimes specified in the book of retribution of the Islamic Penal Code. The problem is how this erroneous behavior, in which the perpetrator has no intention of behavior and no intent, has all three elements necessary to committ a crime and is consequently included in the set of criminal offenses, while the required mens rea There is doubt in that place. The purpose of this study is to explain and analyze the crimes of pure error from the perspective of the mens rea and the conditions of criminal responsibility to take a comprehensive look at the dimensions of the issue, while criticizing the position of this behavior in the Islamic Penal Code, appropriate suggestions to the criminal legislature. Non-criminal institutions. During the present study, it can be pointed out that there are many forms such as restorative justice, social security and insurance institution to place faulty behavior in the legal system of Iran, which will have the potential of the legislature to reform and review. It is noteworthy that in terms of method, this research is considered as analytical, fundamental and library research and has been done by examining opinions in research books and articles.
Keywords
Sheer error
Mens rea
Intention of action
Intention of result
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  • Receive Date 27 March 2022
  • Accept Date 11 May 2022