The concept of consciousness in Iran criminal law and International Criminal Court

Document Type : Academicm and Research

Authors

1 PROFESSOR

2 Ph.D of Criminal Law and Criminology-Director General of Justice of Ilam Province.

3 Senior expert in criminal law and criminology - Qom University - university lecturer - lawyer

10.22091/csiw.2024.9167.2395

Abstract

One of the fundamental issues in national criminal law and international criminal law, determining the position of effective and constructive components in committing crimes. one of the most challenging components of international crime is consciousness. In the system of international criminal law, before the drafting of the Rome Statute, and in national criminal law before the Islamic Penal Code adopted in 1392, The subject of the perpetrator's consciousness was never discussed independently, and only in the position of defining and mentioning the examples and components of crimes, sometimes the subject of awareness was mentioned in terms of paying attention to the perpetrators, but in the Rome Statute and in the Islamic Penal Code below the mens rea, They have referred to the knowledge of the perpetrator to commit crimes and pay attention to the criminal responsibility towards the perpetrators. And the results of this research include; Determining the concept of knowledge in national criminal law and the International Criminal Court, this research also shows that logical knowledge for predicting the criminal outcome includes the prediction of a certain and definite result, not a possible prediction, on the other hand Awareness as a cognitive element in some cases can replace or cover the administrative element.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 02 June 2024

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