نوع مقاله : پژوهشی
1 استادیار، گروه حقوق جزا و جرمشناسی، دانشکده علوم انسانی، دانشگاه شاهد، تهران، ایران.
2 کارشناس ارشد، گروه حقوق خصوصی، دانشکده علوم انسانی، دانشگاه شاهد، تهران، ایران.
عنوان مقاله [English]
In the literature of criminal law, criminal intent as the main pillar of criminal responsibility and the element of guilt (criminal error) is recognized as an exception. But lawmaker in Islamic Penal Code approved 2013 has developed the theory of guilt as the basis of criminal responsibility. From now on, it can be said that the element of guilt, such as the deliberate element, must be recognized as a dual element of criminal responsibility. This article seeks to identify instances of this development, to prove the expanding of the theory of guilt in Islamic Penal Code approved in 2013. By virtue of this development, to establish a causal relationship, the traditional theory of the responsibility of precedent cause has been modified by the acceptance of the theory of guilt. Another evolution is that the criminal responsibility of juridical entities and the criminal responsibility stemmed from both acts have been identified in the recent law based on fault. Fulfilling the physician's criminal responsibility is also based on his fault for treatment. And finally killing from fault is also recognized as manslaughter and by virtue of this; the scope for pure error killing has been reduced. This article by using documentary study method and logical analysis technique, after reviewing and criticizing numerous examples in Islamic Penal Code 2013 provides a perspective that the legislator in the new approach has accepted the theory of guilt as a fundamental pillar of criminal responsibility.