نوع مقاله : مقاله علمی پژوهشی
نویسندگان
دانشگاه اصفهان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Basically, criminal responsibility is based on free will and the moral sense of human being and therefore any state that limit or undermine the moral sense of the individual will influence his responsibility.In normal conditions, humans actions are conducted based on free and intelligent choice, which means the least assumption is that the individual has first thought and then chose act or omission of act with free will.Sometimes however, a state emerge in the individual due to the provocations that cause him to absolutely or proportionally lose the power to control his actions and conducts actions that he would have never done in normal conditions.in fact the victim himself provides the grounds for his victimization. The Iranian criminal law , however, is not strict in this regard , still some streams of this discussion can be followed in legal doctrine and philosophical foundations of the case. In English law, however, the excuse of provocation is considered as defense which then can lead to exoneration or mitigation of sentence. In English law, the excuse of provocation is extensively accepted.
کلیدواژهها [English]