نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشگاه آیتالله حائری میبد
2 استادیار گروه الهیات دانشگاه یاسوج
3 دانشجوی دکتری رشتۀ فقه و حقوق جزا، دانشگاه آیتالله حائری میبد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Today, the issue of car accidents and traffic offenses and ever-increasing rates of caused death and injury is of the most important issues of jurisprudential and legal sections, identification of responsible in the accident is significant. However, in the Islamic Penal Code, it has not been studied in detail and mostly pursued in two Articles of 504 & 505 which about Article 504 of Islamic Criminal Law, statement of the legislator is brief in some cases. It is not clear that the said exception is solely on the lack of negligence, or unauthorized presence in the area is also included. Furthermore, the type of death and injury has not been specified in this law. In Article 532 of Islamic Criminal Law, premeditate crimes are accepted in car accident but it is not specified that in what cases is premeditate or in Article 714-719 of Punishment Law (adopted in 1996) that is about car accidents, only Article 714 refer to the punishment of death (Manslaughter).
In this After an introductory note on the basis of jurisprudence, we demonstrate the possibility of pure error and premeditate death in some car accidents and criticize the ambiguity in Article 504 of the Penal Code
کلیدواژهها [English]
