Volume 16, Issue 4 (2012)                   CLR 2012, 16(4): 31-52 | Back to browse issues page

‎ 20.1001.1.22516751.1391.16.4.1.9

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Habibzadeh[1]* M J, Mirmajidi Heshajin[2] S. Comparative Study of Diminished Responsibility in Iranian and English Criminal Law: Concepts, Principles, and Manifestations. CLR 2012; 16 (4) :31-52
URL: http://clr.modares.ac.ir/article-20-3981-en.html
Comparative Study of Diminished Responsibility in Iranian and English Criminal Law: Concepts, Principles, and Manifestations
Mohammad Jafar Habibzadeh[1] 1, Sepideh Mirmajidi Heshajin[2]2
1- 1. Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
2- 2. Ph.D. student, Department of Law, Tarbiat Modares University, Tehran, Iran
Abstract:   (8302 Views)
        Today, most of criminal justice systems, with the help of the legal concept of “Diminished Responsibility”, try to explain the behavior of a group of criminals with an abnormality of mind. While, we can say that diminished responsibility has not any place in Iranian judicial discourse, and criminal responsibility has been proposed in the two states of complete responsibility or not responsibility .Instead, English law, with recognition of the said defense, has taken an important step for protecting these people. Accordingly, in this paper, with descriptive-analytical approach, concepts, principles, and manifestations of diminished responsible have been studied, and using comparative approach, ignoring of diminished responsibility in Iranian criminal justice system has been evaluated. According to the results of the present study, the function of Iranian government in judicial and legislative discourse is not positive, due to neglecting the comparative law findings and researches.            
  Corresponding Author's E-mail: habibzam@modares.ac.ir *    
Keywords: Criminal responsibility, Will, Conception, Diminished responsibility, Abnormality of mind
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Received: 2012/12/22 | Accepted: 2013/02/19 | Published: 2013/03/3
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