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Studying Forms of Interference and Criminal Liability of Omission in Iran and England Criminal Law
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Amin Kouhian afzal1   , Gholamhossein Masoud  2, Mohsen Shekarchizadeh2 |
1- Ph.D. Student, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2- Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. (Corresponding Author) |
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Abstract: (766 Views) |
Background and Aim: Refraining to accomplish legal duties (omission) is always considered as one prevailing aspect of actus reus. Moreover, it may cause some highly controversial crimes in terms of both actus reus and mens rea. The present research investigates forms of interference and criminal liability of omission in Iran and England criminal laws.
Materials and Methods: A descriptive-analytical method was used to carry out this theoretical study. Research data were drawn from available documents, books, and articles using a library method.
Ethical Considerations: In this research, the authenticity of texts, honesty, and confidentiality were carefully preserved.
Findings: Research data shed light on the criminalization basis of omission in Iran and England criminal laws. It has followed such principles as legal ethics, the principle of necessity, and expediency which are known as the social basis by which the legislator justifies criminalization of omission as criminal behavior.
Conclusion: The current study found that all criminal titles could be realized in crimes caused by omission by reviewing the elements and components of criminal descriptions. To put it simply, there is always the possibility of assistance, participation, and other criminal acts in crimes committed due to omission. This is also true for England's criminal law. |
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| Keywords: Interference in committing a crime, Criminal liability, Omission, Criminal law, Iran, England. |
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Full-Text [PDF 973 kb]
(357 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2021/07/12 | Revised: 2022/05/23 | Accepted: 2021/09/9 | Published: 2021/10/1
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