Abstract
<p>Criminal responsibility is communicative ring and bridge of two important institutions of criminal law, crime and punishment and therefore is one of the most important issues of criminal law.<br />On the other hand, one of the conditions of obligation and criminal responsibilities is authority and freedom of action that a person could be required to preserve and respect for life, property and dignity of the people that in the actions is autonomous and free.<br />Although our legislator is considered to this issue in discretionary (Tazir) punishments crimes and life retribution explicitly and in the Haddi crimes are pointed to the lack of coercive responsibility, however, coercive criminal responsibility isn't specified in all instances of mentioned crimes, while in the discretionary (Tazir) punishments crimes, coercion is spiritual steward and is responsible for criminal responsibility due to the force committed crime and in the crime led to the death, in some cases crime is attributable to the duress, in the crimes included Hadd, coercing isn't considered spiritual steward.<br />In this paper, the mentioned issue is discussed in terms of legal and regulatory concerning the crime of adultery.</p>
Highlights
Our legislator is considered to this issue in discretionary (Tazir) punishments crimes and life retribution explicitly and in the Haddi crimes are pointed to the lack of coercive responsibility, coercive criminal responsibility isn't specified in all instances of mentioned crimes, while in the discretionary (Tazir) punishments crimes, coercion is spiritual steward and is responsible for criminal responsibility due to the force committed crime and in the crime led to the death, in some cases crime is attributable to the duress, in the crimes included Hadd, coercing isn't considered spiritual steward
Criminal responsibility is the duty of the person in response to a result of criminal act, ie someone before commit a criminal act against the violation of commandments of legislator, has legal responsibility that after the crimes will have obligation to accept of penalty or criminal liability, this means that every human takes responsibility of undesirable and consequences that he himself is committed from understanding and control and deliberate, because he has had the required competency, known good and evil completely and has been informed from the results and effects of his good and bad work
In this article, committed the crime of adultery by people who are affected by duress and compulsion and criminal responsibility of persons who forced them to commit mentioned crime based on legal sources and former IPC and recently approval, will be investigated in detail
Summary
Criminal responsibility discusses of the attributes and conditions that provide the reasonable possibility of imposing penalties on offense. Since the offenses in the Penal Code, due to legal sources is mentioned as criminal of Haddi punishments are in part of intentional crimes, so unintentional isn't realized but bearing much heavier penalties for those who willingly and without coercion are committed crimes. According to Article 139 of the Penal Code, adopted on 2011 criminal responsibility is realized when person during the commission of the offense is rational, mature and free. In this article, committed the crime of adultery by people who are affected by duress and compulsion and criminal responsibility of persons who forced them to commit mentioned crime based on legal sources and former IPC and recently approval, will be investigated in detail. Autonomous is the one who chooses what is asked, if the offense isn't the results of subject and his volition isn't established on committing mentioned act, the crime cannot be put to his account and reprimanded from him
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