Abstract:
Murder is one of the most important forbidden behaviors and is considered a crime in all human societies, because its result is the deprivation of the most important God-given capital of a human being: his/her life. Intentional killing, like other crimes, has pillars and elements as a result of which this criminal phenomenon arises. One of the main pillars of intentional killing is the existence of a living person, and this crime will not be committed until this element is existed. In order to commit intentional killing, in addition to the material and legal element, a psychological (spiritual) element is also needed, which is the murderer’s criminal intent. From the point of view of Islamic jurisprudence, special importance has been given to intentional killing. Intentional killing, in addition to being a public crime, is an individual and personal crime. The punishment for intentional killing is retribution. But what is certain is that Shiite jurists and thinkers of Islamic law, with a little disagreement, has divided crimes against humanity into intentional, pseudo-intentional and pure error, and this division has been in accordance with Iranian law. The present study was conducted by descriptive-analytical method and in a comparative study of Iranian law and Imami jurisprudence, it was concluded that there is a lot of agreement between them and except in limited cases, legal materials are taken from Imami jurisprudence.
Machine summary:
According to Article (290) of the Islamic Penal Code of 1392, which defines intentional murder in 4 clauses and 2 notes, 4 cases can be considered for intentional murder: 1- The person intends to kill the victim, whether the act or action of the perpetrator is fatal or not.
3- The Criterion of the Act of Intentional Murder According to Article (290) of the Islamic Penal Code Approved in 1392 Article (290) states: Murder is intentional in the following cases: A) Cases where the killer intends to kill a specific person or an indefinite number of people from a group by performing an act, whether that act is typically lethal or not, but in practice causes death.
In the new draft of the Penal Code The Islamic Penal Code also adopts a similar form to clause (A) above, with the difference that here, not only murder but also other crimes are considered: If the perpetrator intends to commit a crime against a specific person or persons, or an indefinite number of people from a group, by performing an act, and the intended crime actually occurs, whether the act is typically likely to cause that crime or not.
” The legal element of intentional murder according to Article (290) of the Penal Code approved in 1392 (2013): “Crimes are considered intentional in the following cases: “If the perpetrator intends to inflict harm on a specific individual or individuals or an indefinite individual or individuals from a group by doing an act, and the intended crime actually occurs.
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