نوع مقاله : علمی - پژوهشی
نویسندگان
1 استادیار گروه حقوق، دانشکدة علوم انسانی، دانشگاه بوعلیسینا، همدان، ایران
2 دانشیار بازنشستۀ گروه حقوق کیفری و جرم شناسی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Applying force to prevent suicide or severe and illegal self-mutilation as one of the obstacles to criminal responsibility has been approved in some of the world's criminal laws, such as the American Model Penal Code. Iranian Law does not have a clear position on this matter. The purpose of this research is to prove the idea of using force against a person who is trying to commit suicide or self-mutilation by resorting to some legal rules, such as Self-Defense.
The present study was carried out using a descriptive-analytical method and library resources.
The findings of the research indicate the use of force against suicide, due to the fear of life danger, based on the Penal Law, Refusing to Help the Injured and Remove Life Risks (1975), is mandatory, provided it is possible and capable. In cases where the perpetrator of suicide or self-mutilation is under eighteen years of age, the observer is obliged to prevent it according to the Statute on Protection of Children and Adolescents (2019). Also, if the observer is required to protect another according to his legal obligation or duty, inaction against suicide or self-mutilation can be considered a crime by observing the conditions of Article 295 of the Islamic Penal Code (2012). It seems, consenting to self-inflicted death (euthanasia) or some illegal self-mutilation, such as masochistic self-harm, a strong desire to injure during sexual activity, inserting a razor or knife into the body, circumcision of girls, and the like, does not prevent the use of force.
کلیدواژهها [English]
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