Obtaining of causal relationship in the premise of intervention of multiple factors on felonies and damages (According to the Islamic Penal Code in 1392)

Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī

关键词: causation;    cause;    steward;    felony;    damage;   

DOI  :  10.22054/JCLR.2016.4439

来源: DOAJ

【 摘 要 】

Obtaining of causation between act and result, in particular in case of a multiplicity of causes especially in the premise of multiplicity of factors and instruments is one of the most difficult issues in the criminal law and civil responsibility. When multiple people at different times (longitudinal) are involved in the felony and a relatively long period of time is created between the interveners' behavior and the result of it (such as murder), this subject appears as a serious problem and sometimes as an unsolvable dilemma. Penal code act of 1392 has also mostly attempted to provide solutions under certain conditions instead of offering a clear criterion. Accordingly, in the case of intervention of direct multiple individuals in the same time, the result is put into account all factors and otherwise, may be responsible for recent perpetrator or first or both. Also, in case of more than indirectly involved multiple factors simultaneously all equally are responsible and otherwise, Otherwise, on the condition that felony is unintentional, the person who is responsible to intervene earlier. In addition, the direct and indirect involvement in the community, without being presented certain criteria, factors that damage or crime attributed to him, is responsible.

【 授权许可】

Unknown