Loss of Control as a Partial Defence to Murder in the Criminal Law System of Iran and English law

Document Type : Academicm and Research

Authors

1 Assosiate Professor in Criminal Law and Criminology, Faculty of Law, University of Qom.

2 PhD Student in Criminal Law and Criminology, Faculty of Law, University of Qom.

Abstract

Partial defence of the ‘loss of control’ to the offence of murder is used as an independent defence in the English law. In order to examine the position of this defence in criminal law system of Iran, we introduced and compared its bases and requirements to the defence of intoxication; because if the basis for accepting the defense defence of ‘loss of control’ is the lack of control over behavior due to provocation and the ability to recognize from the provoked person, it can basically be close to intoxication. This kind of the defence as partial defence can only reduce the defendant’s conviction for murder to manslaughter and it will not lead to the absolute acquittal. The significant similarities between the defence of intoxication and ‘loss of control’ are the lack of the ability to recognize and adapt behavior to the requirements of reason and the law, the temporary nature of the condition, the relative nature of their effect and also their use in murder; and one of the differences between them is that the provoked person did not play a role in the creation of the situation, while the excusatory intoxication can be self-induced. But the important distinction between them is that the grade of lack of control is not the same. This means that being losed of the power is considered a more severe and higher stage than losing the ability to control behavior due to provocation. Therefore, the condition of intention and power in a state of intoxication and provocation cannot be considered the same, and by resorting to an analogy with the defense of loss of power, the defense of ‘loss of control’ can be considered consistent with the basics of the Iranian criminal law system.

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Comparative Studies on Islamic and Western Law
Volume 11, Issue 3 - Serial Number 41
September 2024
Pages 139-164

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