نوع مقاله : علمی و پژوهشی
نویسندگان
1 دانشیار گروه حقوق جزا و جرمشناسی، دانشکده حقوق، دانشگاه قم
2 حقوق جزا و جرمشناسی، دانشکدۀ حقوق، دانشگاه قم، قم ، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The Loss of control to the crime of murder is an independent defence in the Criminal Justice system of England and Wales. In order to examine the position of this defence in criminal law system of Iran, we introduced and observed its bases and essential requirements with respect to the partial defence of extreme intoxication in Iranian legal system. Because if the basis of the defence of loss of control is the lack of control over behavior due to provocation and the ability to recognize, it can be close to extreme intoxication. This defence as partial defence can only reduce liability for murder to manslaughter and it will not lead to the absolute acquittal.The significant similarities between extreme intoxication and loss of control are temporary impairment of intellect, logic and self-control to act according to the reason and law and their use as the partial defences to murder. One of the differences between them is that the provoked person did not play any role in the creation of the situation, while the extreme intoxication can be self-induced. But the important distinction between them is that the lack of control is a gradable issue and its level in extreme intoxication is higher than loss of control. Therefore, we realized that the degree of impairment of intent and will, in the states of extreme intoxication and provocation is not same and we cannot recognize the defence of loss of control in the Iranian legal system according to the bases of extreme intoxication.
کلیدواژهها [English]
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