The Legal Jurisprudential Position of Reluctance in Crimes against Physical Integrity in the Criminal Law of Iran and France

Document Type : Original Article

Authors

1 Associate Professor, Department of Criminal Law and Criminology, Mazandaran University, Babolsar, Iran,

2 Ph.D. Candiadate, Department of Criminal Law and Criminology, Mazandaran University, Babolsar, Iran

10.22034/ijrj.2021.680389

Abstract

In Iranian jurisprudence and law, the issue of reluctance to commit crimes against physical integrity is different from French law. In Iranian law, reluctance to kill is not permissible for murder in the opinion of most jurists, but reluctance in a crime affects the member and retribution is directed at the reluctant. In reluctance to commit a crime on a member, the fact is that the person threatened by the soul and the subject of the crime is a member has been effective, but if the person threatened by the soul and the subject of the crime is also a member, it has been silenced in jurisprudence and law. We conclude that the threat to the soul or limb must be higher than the subject of the crime in order for reluctance to be effective. Therefore, we came to the conclusion that what is not a license for murder is the order to kill, not reluctance to kill, and in the case of murder, the person in charge has the intention, will and full authority to carry out the order. The French Penal Code, enacted in 1992 (effective 1994), legislates reluctance to commit murder in the context of generalities and Article 2-122; The article considers reluctance as a general rule in all current crimes and states that the perpetrator has no criminal responsibility.

Keywords


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