The role of the victim's behavior in Causality relation in murder
According to art.492 IPC, the crime leads to Qisas or Diya when there is a causal relationship between committed behavior and resulted crime. One of the factors which cuts the chain of causation in the murder is the victim's behavior. The victim can diminish causal relation by "deliberate,...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2017-08-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_7812_730b360b30be8583ad8bac2becf2e10c.pdf |
| _version_ | 1827393114216595456 |
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| author | کیومرث کلانتری behroz gholizadeh |
| author_facet | کیومرث کلانتری behroz gholizadeh |
| author_sort | کیومرث کلانتری |
| collection | DOAJ |
| description | According to art.492 IPC, the crime leads to Qisas or Diya when there is a causal relationship between committed behavior and resulted crime. One of the factors which cuts the chain of causation in the murder is the victim's behavior. The victim can diminish causal relation by "deliberate, consciously or unconsciously" behavior which may be in some cases by omission. However, in some cases, perpetrator's intent is so extensive that the victim's behavior will have no effect on the assignment of crime to him. There are some questions here; what is the victim's behavior effect on the causal relation in murder? What is the effect of perpetrator's intent in the assignment of murder?In this paper, by using descriptive-analytical approach alongside studying the causality relationship between perpetrator behavior and the result of that behavior in murder, the effects of victims behavior on occurrence murder will be studied, and the related questions will be answered by resorting to legal principles and jurisprudence. |
| first_indexed | 2024-03-08T17:43:19Z |
| format | Article |
| id | doaj.art-ee365ce290c848a5a0f8f62af42eead7 |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:43:19Z |
| publishDate | 2017-08-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-ee365ce290c848a5a0f8f62af42eead72024-01-02T10:55:10ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242017-08-01519739410.22054/jclr.2017.13125.12317812The role of the victim's behavior in Causality relation in murderکیومرث کلانتری0behroz gholizadeh1استاد دانشگاه مازندراندانشجوی دکتری حقوق کیفری و جرم شناسی دانشگاه مازندرانAccording to art.492 IPC, the crime leads to Qisas or Diya when there is a causal relationship between committed behavior and resulted crime. One of the factors which cuts the chain of causation in the murder is the victim's behavior. The victim can diminish causal relation by "deliberate, consciously or unconsciously" behavior which may be in some cases by omission. However, in some cases, perpetrator's intent is so extensive that the victim's behavior will have no effect on the assignment of crime to him. There are some questions here; what is the victim's behavior effect on the causal relation in murder? What is the effect of perpetrator's intent in the assignment of murder?In this paper, by using descriptive-analytical approach alongside studying the causality relationship between perpetrator behavior and the result of that behavior in murder, the effects of victims behavior on occurrence murder will be studied, and the related questions will be answered by resorting to legal principles and jurisprudence.https://jclr.atu.ac.ir/article_7812_730b360b30be8583ad8bac2becf2e10c.pdf"murder""victim""victim's behavior""causality relationship""assignment relationship |
| spellingShingle | کیومرث کلانتری behroz gholizadeh The role of the victim's behavior in Causality relation in murder Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī "murder" "victim" "victim's behavior" "causality relationship" "assignment relationship |
| title | The role of the victim's behavior in Causality relation in murder |
| title_full | The role of the victim's behavior in Causality relation in murder |
| title_fullStr | The role of the victim's behavior in Causality relation in murder |
| title_full_unstemmed | The role of the victim's behavior in Causality relation in murder |
| title_short | The role of the victim's behavior in Causality relation in murder |
| title_sort | role of the victim s behavior in causality relation in murder |
| topic | "murder" "victim" "victim's behavior" "causality relationship" "assignment relationship |
| url | https://jclr.atu.ac.ir/article_7812_730b360b30be8583ad8bac2becf2e10c.pdf |
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