Paper Information

Journal:   PAZHUHESHNAMEH MATIN   WINTER 2007 , Volume 8 , Number 33; Page(s) 41 To 62.
 
Paper: 

A STUDY OF EMERGENCY IN IRANIAN PENAL CODE A SPECIAL REFERENCE TO IMAM KHOMEINI'S VIEWPOINTS

 
 
Author(s):  JAFARPOUR J., HOSSEINZADEH L.
 
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Abstract: 

Emergency is among the secondary concepts and well-known jurisprudential rules which is referred to in different fields of jurisprudence and is also applied in ritualistic, legal and penal fields. It can play an effective role in solving individual and social problems. At the time of emergency, the unlawfulness and punishment of the unlawful act is abrogated. According to the Article 55 of the Islamic Penal Code, emergency has been mentioned as a factor abrogating penal responsibility. However, there are lots of ambiguities about it. The present article is an attempt to study the penal aspects of emergency and discuss some of its ambiguities.

 
Keyword(s): EMERGENCY, NECESSITY, PENAL RESPONSIBILITY, JUSTIFIED REASONS, FACTORS ABROGATING RESPONSIBILITIES
 
References: 
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