Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic Jurisprudence
Explaining the role of intoxication in criminal liability requires knowing the impact of using intoxicants and finally the impact of intoxication on the perpetrator's will, as well as the way of thinking and insight governing the society towards the drunken persons. The drunkenness can lead to...
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| Format: | Article |
| Language: | fas |
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University of Qom
2021-03-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1653_b87793969b9a85fa31de2ddaf300884c.pdf |
| _version_ | 1797233038133821440 |
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| author | Morteza Fathi Adel Sarikhani reza rezaee |
| author_facet | Morteza Fathi Adel Sarikhani reza rezaee |
| author_sort | Morteza Fathi |
| collection | DOAJ |
| description | Explaining the role of intoxication in criminal liability requires knowing the impact of using intoxicants and finally the impact of intoxication on the perpetrator's will, as well as the way of thinking and insight governing the society towards the drunken persons. The drunkenness can lead to the loss or deterioration of will. The fundamental question that arises is what are the similarities and differences between the legal systems of Iran, Islamic jurisprudence and Scotland in this regard? In the present study through a descriptive-analytic method, the most important results are as follows: in each of the mentioned legal systems depriving the will resulting from drunkenness, except if there is a will prior to deprivation of the will to commit a crime (voluntary drunkenness), precludes the criminal liability. The difference is that voluntary drunkenness does not absolve the drunken criminal liability in Scottish criminal law at all because of the element of guilt. This approach is consistent with the well-known position of Islamic jurists regarding drunken murder. In Iranian criminal law, voluntary drunkenness is not recognized as precluding criminal liability if drunkenness is committed with the intent to commit a crime. Albeit, in Iran, drunkenness does not eliminate criminal responsibility for premeditated murder. In addition, identifying the person responsible for proving drunkenness is another difference in these legal systems. The study of Iran's and Scotland's criminal policy on drunkenness implies adopting a rigorous approach (especially in Scotland's criminal law) as to the criminal liability of those who are committing a crime in drunkenness. |
| first_indexed | 2024-04-24T16:09:49Z |
| format | Article |
| id | doaj.art-473b3bebc52c4bde91b3cfb9e8c96b68 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:09:49Z |
| publishDate | 2021-03-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-473b3bebc52c4bde91b3cfb9e8c96b682024-03-31T19:10:43ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212021-03-01817910610.22091/csiw.2020.5560.18291653Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic JurisprudenceMorteza Fathi0Adel Sarikhani1reza rezaee2Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom .Full Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom.Assistant Professor, Department of Law, Rouzbahan Higher Education Institute, Sari.Explaining the role of intoxication in criminal liability requires knowing the impact of using intoxicants and finally the impact of intoxication on the perpetrator's will, as well as the way of thinking and insight governing the society towards the drunken persons. The drunkenness can lead to the loss or deterioration of will. The fundamental question that arises is what are the similarities and differences between the legal systems of Iran, Islamic jurisprudence and Scotland in this regard? In the present study through a descriptive-analytic method, the most important results are as follows: in each of the mentioned legal systems depriving the will resulting from drunkenness, except if there is a will prior to deprivation of the will to commit a crime (voluntary drunkenness), precludes the criminal liability. The difference is that voluntary drunkenness does not absolve the drunken criminal liability in Scottish criminal law at all because of the element of guilt. This approach is consistent with the well-known position of Islamic jurists regarding drunken murder. In Iranian criminal law, voluntary drunkenness is not recognized as precluding criminal liability if drunkenness is committed with the intent to commit a crime. Albeit, in Iran, drunkenness does not eliminate criminal responsibility for premeditated murder. In addition, identifying the person responsible for proving drunkenness is another difference in these legal systems. The study of Iran's and Scotland's criminal policy on drunkenness implies adopting a rigorous approach (especially in Scotland's criminal law) as to the criminal liability of those who are committing a crime in drunkenness.https://csiw.qom.ac.ir/article_1653_b87793969b9a85fa31de2ddaf300884c.pdfvoluntary intoxicationinvoluntary intoxicationdrunk to blamescotlandiran |
| spellingShingle | Morteza Fathi Adel Sarikhani reza rezaee Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic Jurisprudence پژوهش تطبیقی حقوق اسلام و غرب voluntary intoxication involuntary intoxication drunk to blame scotland iran |
| title | Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic Jurisprudence |
| title_full | Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic Jurisprudence |
| title_fullStr | Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic Jurisprudence |
| title_full_unstemmed | Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic Jurisprudence |
| title_short | Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic Jurisprudence |
| title_sort | impact of intoxication on criminal liability in criminal law of iran scotland and islamic jurisprudence |
| topic | voluntary intoxication involuntary intoxication drunk to blame scotland iran |
| url | https://csiw.qom.ac.ir/article_1653_b87793969b9a85fa31de2ddaf300884c.pdf |
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