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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   spring-summer 2016 , Volume - , Number 11 ; Page(s) 87 To 109.

The Verdict of Duress (Coercion) Induced the Death of a Coerced Person in Iran Law

In spite of specifying Article 39 of Islamic Penal Code (1392) to coercion to perform an act induces crimes upon that person who is coerced in to performing actions, the regulation of most cases is unclear. But it should be mentioned that in a situation which a person under the coercion of someone demanding the suicide, based on tools of duress (coercion), sometimes it is caused to relate the result (murder) to coercer and sometimes he has no legal responsibility for killing and only will be convicted to taz’ ir punishment. Due to this, the duress to perform actions lead to crimes (in this paper the murder of the coerced) in all cases, will not be included in Article 39 of Islamic Penal Code. In other words, in some situations, the occurred murder is attributed to the murdered person and the coercer has no legal liability. One of these cases as a sample is a situation which the threatened person with knowledge and notice commits an action which surely makes death. The level of risk or danger is not to extent that appropriate suicide and the murder of the coerced relates to the coercer. The present article with considering the legal ambiguities and different attitudes of Islamic jurists (fuqaha) tries to determine the law of several aspects which the duress (coercion) causes the coerced killing. Therefore, with paying attention to the issue of the coercer’ s demand, this note studies and criticizes the title of the duress (coercion) to suicide and the title of the duress to perform actions lead to the coerced killing in two discourses in the legal system of Iran.
Keyword(s): Duress (coercion),Causation,Act directly,Suicide
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مباني نظري و تجربي ونداليسم: مروري بر يافته هاي يك تحقيق Persian Abstract Yearly Visit 58
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