The Basics of Separating the Factors that Mitigate Criminal Responsibility and the Justifiable Causes of Crime in Iranian Law and the International Criminal Court

Ebrahimi, Mehdi; Vahedizadeh, Javad; Khanalipour Vajergah, Sakineh

doi:10.22034/jccj.2025.454571.1554

The Basics of Separating the Factors that Mitigate Criminal Responsibility and the Justifiable Causes of Crime in Iranian Law and the International Criminal Court

Document Type : Original Article

Authors

Mehdi Ebrahimi ¹

Javad Vahedizadeh ²

Sakineh Khanalipour Vajergah ³

¹ Ph.D. Student, Department of Criminal Law and Criminology, Ardabil Branch, Islamic Azad University, Ardabil, Iran.

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

³ Assistant Professor, Department of Law, Imam Khomeini International University (RA), Qazvin, Iran.

10.22034/jccj.2025.454571.1554

Abstract

The course of development of the factors that reduce criminal responsibility and the justified causes of crime have long been the concern of recent and contemporary jurists and jurists, and various opinions have been proposed in this regard. It is very important to explain and analyze different points of view in this regard. Based on this, the purpose of this article is to examine the basis of the separation of the factors that mitigate criminal responsibility and the justifiable causes of crime in the laws of Iran and the International Criminal Court. This article is descriptive and analytical and has investigated the target by using the library method. The findings indicate that international laws have paid attention to the issue of justifiable causes and factors that mitigate criminal liability from a wide aspect, which is different compared to Iranian law, which considers both issues as distinct from each other. Of course, in identifying the nature and basis of these two issues, one should also pay attention to its elements. The foundations of these two issues in Iranian law have jurisprudential origins and are formed in the statute of the International Criminal Court on the basis of the legal doctrine that if the responsible and justified factors are proven, there will be no responsibility on the stewards, partners and deputies of the crime.

Keywords

Remover of Criminal Responsibility

Justifiable Factors of crime

Legal Element of Crime

Spiritual Element of Crime

International Criminal Court