Paper Information

Journal:   AZAD LEGAL RESEARCHES   SUMMER 2007 , Volume - , Number 1; Page(s) 0 To 0.
 
Paper: 

A CRITICAL ANALYSIS OF IRANIAN LAW ON SELF-DEFENCE

 
 
Author(s):  SALIMI SADEGH*
 
* LAW FACULTY, ISLAMIC AZAD UNIVERSITY, TEHRAN CENTRAL BRANCH
 
Abstract: 

Self-Defence is one of general defences in which use of force against attacker is justified because of lack of legal element of crime. Legal basis of self-defence is to repress any attack against one's "right"; so the subject of self-defence is perpetually a "right". Actual or threatened illegal attack and proportionate and necessary defence are essential elements of self-defence. Articles 61-2 and 625-30 of Islamic Penal Code provide the regulations of self-defence. This paper analyzes the articles. Some contents of the articles are conflicting, some of them are repeated and some are wrong. The code has not permitted to resort to force to prevent a crime. The majority of courts are disinclined to establish self-defence. Therefore, the case law is very weak and unuseful in the matter. In the conclusion some results and proposals are presented.

 
Keyword(s): 
 
References: 
  • ندارد
 
  Persian Abstract Yearly Visit 53
 
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