CRIMINAL LIABILITY OF THE MENTAL CRIMINALS IN STATUTE
Journal Title: European Journal of Business and Social Sciences - Year 2014, Vol 3, Issue 3
Abstract
Insanity and its different types remove the criminal liability, if they appeared during the commission of the offence. By virtue of Iran criminal law insanity after the commission of the offence does not remove the criminal liability though it leads to non-suit or delays the punishment depending on the commission time. By virtue of Article 51 of penal code in 1991 and Articles 149 and 150 of Islamic punishment law in 2014 insanity removes the criminal liability. The difference between above articles is that the article of 1991 removes the criminal liability because of any rate of insanity, but by virtue of the new one insanity removes the criminal liability, if it justifies the guilty in a way that he (she) suffers from mental disorder(s) when committed the offence involuntarily or without discernment but nothing stated about the patients suffering from relative mental disorder(s).
Authors and Affiliations
Somayeh Aalisarvestani| Niloo_desert@yahoo.com, Ali Tavallaei| (Adviser Professor) Department of Criminal law crime Science and Research Branch, Islamic Azad University, Yazd, Iran tavallaei@hotmail.com
Keywords
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- EP ID EP10420
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