نوع مقاله : علمی - پژوهشی
نویسنده
گروه حقوق، دانشکده علوم انسانی، دانشگاه ایلام، ایلام، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In the case that the omission, the criminal behavior of the Consequence-bound crimes, the omission must lead to the realization of the result, and this is where the difference of opinion arises. Because it is not easy to imagine that omission can lead to the realization of the result, and therefore, although Article 295 of the Islamic Penal Code accepted omission as a Actus reus of JENAYAT, but the causation in omission is still the path of conflict.
In order to clarify some of the ambiguities related to the relationship of causality in omission, the author has collected related jurisprudential and legal sources in a library form and has tried to solve the problems of this issue with a descriptive analytical method.
The result of the present research is that all human behaviors are act, and none of the voluntary behaviors can be called omission, unless the person is the addressee of an order or request, and the failure to do so is called omission. Therefore, if a person does not do an order to do a task, he has committed an omission; Even if he is doing an act when he is not doing it. Like an officer who refuses to give pills to a prisoner because of exercising, although exercising is an action, this does not invalidate his omission. In terms of the causation, omission is sometimes the only condition for the realization of the crime, and sometimes it can be considered as its cause. If omission is a condition for the realization of the JENAYAT, if the omission is not done, the JENAYAT will not be committed, but the omission cannot be considered the cause of the JENAYAT. But in the case that omission is the cause of the JENAYAT, it goes beyond the mere conditionality and attribute the result to itself.
کلیدواژهها [English]
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