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Paper Information

Journal:   JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR)   WINTER 2018 , Volume 4 , Number 4 ; Page(s) 161 To 174.
 
Paper: 

LEGITIMATE DEFENSE IN IRAN'S CRIMINAL LAW

 
 
Author(s):  REZAII SIABIDI ALIREZA*
 
* 
 
Abstract: 

Considering the changes in the provisions of the legitimate defense in the Islamic Penal Code, 92 which, of course, does not change in principle and its effects, therefore, the aim of this research is a comparative study on the legitimate defense approved in 2013 with the previous laws that is being examined. Issues related to the legitimate defense in the Islamic Penal Code, approved in 1392, are set out in Articles 156, 157 and 158. The subject-matter of defense in the new law is also stated in article 156 of this law: life, property, honor, freedom and welfare. According to Article 156 of the Penal Code 2013: "If a person acts as a criminal offense in defending his or her own sentiment, worship, honor, property or liberty, or another, against any current or imminent aggression or imminent danger, in accordance with the rules of defense, In the event of community, the following conditions are not punishable: (A) Behavioral conduct is necessary to eliminate an aggression or danger.
B) Documentary defense is reasonable or rational.
C) Risk and rape have not been committed due to conscious action or aggression and other defense.
(D) It is not practicable to resort to government forces without time of death or their intervention in the elimination of aggression and danger. "This article has three notes, each of which will be examined in its own right.

 
Keyword(s): LEGITIMATE DEFENSE, AGGRESSION, CURRENT DANGER, LIFE, PROPERTY, HONOR, FREEDOM OF THE TONE
 
 
References: 
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Citations: 
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+ Click to Cite.
APA: Copy

REZAII SIABIDI, A. (2018). LEGITIMATE DEFENSE IN IRAN'S CRIMINAL LAW. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), 4(4 ), 161-174. https://www.sid.ir/en/journal/ViewPaper.aspx?id=570557



Vancouver: Copy

REZAII SIABIDI ALIREZA. LEGITIMATE DEFENSE IN IRAN'S CRIMINAL LAW. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR). 2018 [cited 2021July31];4(4 ):161-174. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=570557



IEEE: Copy

REZAII SIABIDI, A., 2018. LEGITIMATE DEFENSE IN IRAN'S CRIMINAL LAW. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), [online] 4(4 ), pp.161-174. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=570557.



 
 
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