Open AccessCriminal Liability for other Behavior by Looking at Vote in Courts
Author(s) -
Fatemeh Karimi,
Mohammad Ali Ardebili
Publication year - 2021
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v8i9.3018
Subject(s) - punishment (psychology) , doctrine , law , criminal liability , legal doctrine , strict liability , liability , criminal law , political science , legal liability , psychology , social psychology
Despite the fact that crime and punishment are personal, in answer to the question of whether other persons besides the perpetrators of the crime are responsible? According to the circumstances, a positive answer can be given. Over time, with the qualitative growth of laws, Vicarious liability was formed. Until 2013, the criminal liability of legal entities existed exceptionally in scattered laws. Legal doctrine has proposed different theories in this regard, which in general can be divided into two categories: "Fault doctrine" and " Risk doctrine ". Iranian law, according to the votes of the courts before and after the Islamic Revolution, is more inclined to the first theory; At the same time, in a few votes, the opposite opinion can be seen. The purpose of this study is to investigate the status of the principle of criminal liability due to other behavior in Iranian law which is obtained based on the method of describing and analyzing legal materials and judicial opinions.