چکیده مقاله
Insanity means mania, infatuation, and madness in dictionaries In criminal law, it is also used more often in the sense of madness Madness may be permanent or periodic In permanent madness, there is continuity and madness always accompanies the individual; while in periodic madness, the state of madness sometimes occurs and sometimes subsides The purpose of this research is to dwell on Article 149 of the Islamic Penal Code 1392 as one of the causes of the decline of criminal responsibility To achieve this goal, the descriptive analytical research method has been used, in such a way that by referring to written sources on madness and mental disorders with sources available in criminal law and psychology, the information collected from them has been analyzed using a logical method and rational reasoning The research findings indicate that; According to the achievements of psychology, regarding the discovery of the roots of mental disorders, and considering that according to the standards of fairness and justice, it is necessary to have mental health to defend oneself, the legislator has listed insanity as one of the personal reasons for the removal of criminal liability in accordance with Article 149 of the Islamic Penal Code This article states that if a person is insane at the time of committing a crime and is unable to distinguish right from wrong and accurately explain the scientific and moral consequences of his actions and distinguish between benefit, harm, good and evil, he is not criminally liable The result is that insanity is a concept rather than a specific disease or disorder, and it is referred to as the state of someone who does not have the power of discrimination or will, and this concept has a wide scope and is exempt from criminal liability when he is at the time of committing a crime Therefore, if a person has the power of understanding and consciousness while committing a crime and becomes insane after committing the crime, his criminal liability is not in principle eliminated
کلیدواژهها
نویسندگان
MOSTAFA FARDIN
Master's degree in Criminal Law and Criminology, Zanjan Branch, Islamic Azad University, Zanjan, Iran
شیوه ارجاع
Fardin, Mostafa,1404,Hesitation On Article 149 of The Islamic Penal Code Of 1392 As One Of The Reasons For The Disappearance Of Criminal Liability,6th International Conference on Humanities, Educational Sciences, Law and Social Sciences
ارائهشده در
مجموعه مقالات ششمین کنفرانس بین المللی علوم انسانی، علوم تربیتی، حقوق و علوم اجتماعی30 خرداد 1404