A Comparative Study of Obstacles to Criminal Liability in Iranian Law and the Statute of the International Criminal Court

Goodarzi, Vahid; Shekarchizadeh, Mohsen; Tavakoli, Ahmadreza

doi:10.22034/jccj.2024.473765.1641

A Comparative Study of Obstacles to Criminal Liability in Iranian Law and the Statute of the International Criminal Court

Document Type : Original Article

Authors

Vahid Goodarzi ¹

Mohsen Shekarchizadeh ²

Ahmadreza Tavakoli ³

¹ Ph.D. Studen, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.

² Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. (Corresponding Author)

³ Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.

10.22034/jccj.2024.473765.1641

Abstract

Obstacles to criminal responsibility is one of the most important topics in the field of international criminal law. These obstacles actually rule out criminal responsibility or prevent the realization and attribution of criminal responsibility to the perpetrator or perpetrators of crimes. The purpose of this article is a comparative study of the obstacles to criminal responsibility in Iranian law and the statute of the International Criminal Court. This article is descriptive and analytical and has investigated the mentioned subject by using library method. The findings indicate that there is not much difference between the causes of criminal liability in Iran's criminal law and the statute of the International Criminal Court. In the International Criminal Court, factors such as insanity, drunkenness, legitimate defense, and coercion and reluctance have been specified as factors that make a person not criminally responsible and as obstacles to criminal responsibility by the perpetrator or perpetrators of the crimes under the jurisdiction of the court. It is cited. In Iranian criminal law, the mentioned factors are obstacles to criminal responsibility.

Keywords

Criminal Responsibility

Insanity

Intoxication

Legitimate Defense

Coercion

Reluctance

International Criminal Court