Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Role of the Ability to Treat the Injuries Inflicted on the Victim in Determining the Lethality of the Committed Behavior

Document Type : Original Article

Author
Assistant Professor, Department of Law, Faculty of Humanity, Urmia Branch, Islamic Azad University, Urmia, Iran. (Corresponding Author)
10.22034/jccj.2023.380926.1170
Abstract
Visiting for treatment and giving consent to doctors to carry out therapeutic interventions, following their orders by the victim and seeking help in treatment and carrying out actions by the aggressor, although it cannot be forced, but in custom and jurisprudence rules, it is considered as a duty to treat or provide relief. is taken and in case of the effect of such recklessness in realizing the result of death according to the subject, the criminal liability of the perpetrator will be reduced to the extent of the fault of the perpetrator against or other people, this reduction of responsibility is not only in the case of shebhe amd of the perpetrator. rather, if referral for treatment and completion of therapeutic interventions is not made on the part of the victim or the perpetrator regarding usually fatal injuries that can be treated, it is not considered fatal and murdur will not be realized, on the other hand, neglecting such duty is a fault It is considered and because of its influence, it will cause the committed behavior to be non-lethal, and in different circumstances and according to the circumstances, it will have different responsibilities for the perpetrator and the victim. Therefore, an independent examination of the inflicted injury without considering the nature of the treatment and its extent will not provide a clear picture of the true nature of the crime and may lead to the wrong diagnosis of the type of crime in the courts.
Keywords

Volume 3, Issue 1
Winter 2023
Pages 151-162

  • Receive Date 01 December 2022
  • Revise Date 15 January 2023
  • Accept Date 25 January 2023
  • Publish Date 21 March 2023