Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Right to Flee in Self-defense; Jurisprudential and Legal Study

Document Type : Original Article

Author
Assistant Professor, Department of Law, Faculty of Literature and Humanity, Malayer University, Malayer, Iran.
Abstract
The present article seeks to explain the various hypotheses in which the defender can stand against the attack and defend him or others, despite the possibility of escape, by using the descriptive-analytical method and using the resources of existing libraries, both internal and external. Reflecting on jurisprudential sources as well as the laws of other countries, it becomes clear that none of them had an absolute permissible or negative approach to the issue of the right to escape in legitimate defense and tried to impose the "principle" on the necessity of escape if possible, but each Depending on the location and time, and even the personality of the defender and the attacker, exceptions have been made. In addition, in any of the jurisprudential texts or foreign sources, the defender is obliged to flee when the conditions for a "safe escape" exist for him. It is worthwhile for the Iranian legislator, while reforming the legal status of self-defense, to specify the various assumptions and cases of the possibility of escape and to determine the legal ruling of each.
Keywords

  • Receive Date 17 October 2021
  • Revise Date 22 November 2021
  • Accept Date 29 November 2021
  • Publish Date 22 December 2021