نوع مقاله : علمی - پژوهشی
نویسندگان
1 استادیار گروه حقوق، دانشگاه ایلام، ایلام، ایران.
2 استادیار گروه حقوق کیفری و جرمشناسی، دانشکده حقوق دانشگاه قم، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In the present article, which is written in a descriptive analytical method, the legal nature of the mistake in purpose in criminal law is investigated. The result of the present research is that a mistake in the goal will not lead to the realization of intentional crimes. Because the malice of a person belongs either to a specific subject or to many unspecified subjects, unlike the latter case where there are as many malice due to the malice belonging to indefinite subjects, the perpetrator's malice in the first case is limited and exclusive in one or several subjects, and therefore, With the "collision" or "non-collision" of the behavior with the object in question, its life ends, and if the behavior hits another object, there is no malice that can be used to consider the recent incident as intentional. Also, there are two types of mistakes in purpose. A state in which only the unintended subject is harmed, and a state in which, in addition to the intended subject, the unintended subject is also harmed. In the second case of a mistake in purpose, in which the perpetrator's behavior affects another subject in addition to the intended subject, it cannot be said that because he intended to commit a crime on one subject, if the perpetrator's behavior also affects any other subject, there is also a intention towards it; Which shows that the mistake in purpose is not intentional.
کلیدواژهها [English]
منابع
الف) فارسی و عربی
ب) انگلیسی
- Books
Cases