Definition of crime in criminal law
In criminal law, crime means committing any type of violation that harms the physical integrity or rights of individuals and requires the application of Shariah punishments such as retribution or ransom. The Islamic Penal Code, according to the rituals of the jurists, has divided these types of acts into three different categories based on the psychological elements of the perpetrator:
The psychological element of intentional crimes
In intentional crimes, the decision to commit a crime is made with knowledge of the subject and its consequences. These types of crimes usually originate from some kind of violence or violation towards other people. To commit an intentional crime, the following must be met:
The perpetrator’s knowledge of the existence of a living person: the perpetrator must have knowledge that he will harm a living person in the course of his actions and be aware of the subject that may be harmed.
The perpetrator’s knowledge that he is the victim of the crime: The perpetrator must know that the victim is guilty of a certain crime and there are special laws to protect him.
The perpetrator’s knowledge of the typically fatality of the behavior: In cases where the perpetrator’s action not only leads to harming the injured person but also appears to be typically fatal, the murder is considered intentional, even if the perpetrator does not have the direct intent to kill.
The perpetrator’s knowledge of the specific physical condition of the victim or the specific location or time situation: In some cases, the perpetrator’s knowledge of the physical condition or the location or time of the victim is also important and can have an effect on the severity of the punishment.
:In intentional crimes, there are two types of malice
General malice: In this case, the perpetrator has the intention to commit criminal behavior in all intentional crimes. This is also known as general intent.
Specific malice: In this case, the perpetrator has the intention of doing something specific with certain results, and this type of malice is only required in some intentional crimes.
Therefore, intentional crimes require certain scientific elements and the perpetrator must have sufficient knowledge of the subject and the circumstances around him to be recognized as the accused of committing this type of crime.
Paragraph A of Article 290 of the Islamic Penal Code, when a person commits a crime against one or more specific people or even unspecified people in a population by committing an act, and arranges this act of intent or similar crime in the act, is the act done? Not only does it lead to the repetition of the crime or the like, but if the intended crime or the like is not carried out in practice, it still constitutes a crime.
If a person knowingly kills or injures another with a thin piece of wood and actually causes death or injury to others, this act is considered an intentional crime, even if this act results in some kind of death or Do not hurt others.
The crime with the intention of absolute subjugation, clause b, article 290 of the Criminal Code
The crime with the absolute secondary intention of paragraph b of article 290 of the Islamic Civil Code defines various cases of physical acts that may not lead to murder, but cause harm and injury to others, as intentional crimes. These include:
Squeezing the throat: People who intend to squeeze the throat or constrict the larynx of others.
Hitting the head with a stick: People who intend to hit others on the head with a stick.
Slap on the temple: Actions that are done to the temple or split leg of others.
Throwing stones at a sensitive place: people who hit a place on the body of others with a stone that can cause injury.
Hitting the head and body with a round iron rod: Actions that are performed using round and iron rods to the head and body.
Stones on the neck and head: Stones on the sensitive areas of the neck and head of others.
Swinging the neck: People who intend to swing the neck of others.
Hitting the head on the ground: People who hit another person’s head on the ground.
Plunging a butcher knife into the back of the left leg: Plunging a butcher knife into the back of another person’s left leg.
Pouring gasoline on a person standing by a fire: People who pour gasoline on a person standing by a fire.
Hitting the victim’s head with a stone from a close distance and…: Hitting the victim’s head with a stone from a close distance and similar cases.
To prove that the crime was intentional, the perpetrator must have known that the actions taken were typically fatal or typically injurious.
Clause “P” of Article 290 of the Islamic Penal Code refers to the absolute subordination of crime. In some cases, this section introduces various acts as intentional crimes, even if the person does not intentionally intend to commit an actual crime such as murder. In these cases, it is still considered a crime. In order to commit a crime with the absolute intent of paragraph “P”, in addition to the perpetrator’s knowledge of the unusual situation of the victim or the specific situation in place or time, the perpetrator must know that the behavior he performs is typically fatal or causes a crime in some way. .
Example: A person who jokingly throws his friend, who cannot swim, into the deep end of the pool, and the friend is injured as a result, is typically considered fatal, even if it is not typically fatal to other people who know how to swim.
In these cases, the perpetrator must have knowledge of the unusual or special situation of the victim or the special situation of place or time. This paragraph is different from paragraph “b” in which the perpetrator’s knowledge of the occurrence of the result is assumed and he is obliged to prove his lack of knowledge. But in paragraph “P”, relatively fatal behavior is defined based on the perpetrator’s lack of knowledge about the specific situation of the victim and the fact that the behavior is fatal.
Premeditated crimes
Pseudo-intentional crimes refer to a situation in which a person commits an intentional behavior similar to the crime of murder, wounding, or mutilation, but does not have the real intention of committing a crime or does not have such a crime in mind. According to Paragraph A of Article 291 of the Islamic Penal Code, the perpetrator acts intentionally in these cases, but does not have the specific intention of committing a crime such as murder or wounding.
One of the examples of quasi-intentional crimes in Islamic jurisprudence and Iranian law is the death caused by the action of a doctor or a chaplain. This condition is defined as a medical or disciplinary practice by a person, which may result in injury, disability, or even death. In this case, the person doing it intentionally comes to work and intentionally performs medical procedures. However, if the perpetrators do not have the specific intent to commit a crime, their actions are considered pseudo-intentional crimes.
For example, if a person without the intention of committing a crime and without having a plan to commit murder or injury, throws himself at a certain person and as a result that person is injured, the act performed is considered as a quasi-intentional crime. In this case, it is not enough to carry out the act of publication and it must be that the person attacked is not aware of the situation. In order to be convicted of the crime of manslaughter, it must be proven that the person who threw the others intended to fall on the person who was injured.
In cases of quasi-intentional crime, unlike intentional crime that creates the intention to kill or injure a specific person or an unspecified person from a specific group, there must be intent in the act towards a specific person. In other words, the perpetrator must have a specific intention towards a specific person that causes his death or injury.
Therefore, if someone throws a small stone without considering a specific person and with the aim of beating a member of a group, which means hitting one of the members of that group, and as a result of that action, one of the members of this group will die. If he loses, these actions are considered as pure (non-intentional) mistakes. Because here, the specific intention of the perpetrator is not specific to a certain person, and the intent in the act is not specified in relation to a specific person.
The crime of pure error
The psychological element of crimes of pure error in Iranian law has recognized the behavior of the perpetrator in 3 cases of pure error:
۱) Paragraph “A” of Article 292 of the Islamic Penal Code covers crimes while asleep and unconscious and similar cases. An example given by jurists in this regard occurs when a mother falls asleep while breastfeeding and the child dies due to suffocation. The important point here is that in cases where a person knowingly commits a crime while asleep or unconscious, deliberately sleeps or makes himself unconscious to cause death, due to the presence of an element of intent in the behavior and awareness of the result. The perpetrator is considered an intentional crime. In other words, if a person with a large body and knowing what is happening when he falls asleep, deliberately sleeps next to a thin child in order to cause his death by rolling over him, due to the presence of intention in his behavior and knowledge of Achieving the result is considered an intentional crime.
۲) Paragraph “b” of Article 292 of the Islamic Penal Code deals with crimes committed by minors and insane people. Considering the behavior of these people to be intentional due to a lack of proper understanding of the nature of their behavior and its consequences is neither compatible with logic nor acceptable with criminal liability.
۳) Paragraph “b” of Article 292 of the Islamic Penal Code refers to crimes in which the perpetrator does not intend to commit a crime against the victim, nor does he intend to blame the act on him. In other words, in these incidents, the perpetrator does not intend to behave in a particular way, nor does he intend to do so. For example, if someone intends to throw a stone at a certain target, but the stone happens to hit another person and injure him. In these cases, there was no intention against the perpetrator because he had no intention either in his behavior or as a result of it. This behavior is considered as pure error.
This paragraph refers to the occurrence of events that have an error in the goal. Error in the target necessarily means the direct error of the perpetrator, but it can also mean an indirect error. For example, a mistake in repairing the brakes of a car with the intention of killing a certain person, but mistakenly causing the death of another person, is considered to be due to plain error.
Qualities of a skilled criminal lawyer
In today’s world, criminal offenses are one of the most complex and sensitive issues in the field of law. For this reason, criminal cases require much more sensitivity and expertise. A criminal lawyer has a very important role in this field and has the duty to defend criminal cases such as theft, sale of illegal property, forgery of documents, fraud, embezzlement, embezzlement and similar cases. Criminal lawyers are engaged in criminal defense in prosecutor’s offices, criminal courts, military courts, and government penal organizations. A criminal lawyer faces sensitive legal and judicial challenges regarding the freedom of individuals and the rights of victims.
A criminal lawyer is considered as a person with legal education and expertise in the field of criminal laws. He is responsible for defending the legal rights of people in the face of criminal crimes such as murder, rape, robbery and other crimes. If you have a case involving murder, robbery, or rape, you need to know the best criminal lawyer and what his duties are.
Criminal lawyers with their expertise and knowledge are able to handle multiple cases in a professional manner. The work history and experience of the lawyer plays an important role in this field. The more and better the records and experiences of the lawyer, the more likely the accused will be successful in reducing the penalties related to criminal offenses or even he may be completely acquitted of the imposition of penalties.
The cost of a criminal lawyer in Tehran
In determining the cost of a criminal lawyer’s attorney’s fee, it can be influenced by various factors, including the agreement of the parties to the attorney’s contract to limit the determination of the amount of the fee based on the legal tariffs specified for criminal lawsuits, or in other words, whether the attorney’s price is based on the regulations Is it legal or a private contract?
Choosing a criminal lawyer and consulting him during the case process is of particular importance and can lead to speeding up the trial process and reducing costs. Therefore, it is very important to choose a lawyer with appropriate experience and expertise in the field of criminology and criminal law. In criminology cases, the role of a lawyer as a consultant and advocate in court is very sensitive and important, because criminal cases are usually complex and sensitive.
Determining the fee of a criminal lawyer in Tehran may be done based on the agreement of the parties to the attorney agreement, legal regulations or parallel to the determination of legal tariffs. The importance of the lawyer’s experience and expertise in criminal cases and criminology in determining the outcome of the case cannot be ignored. Finally, a criminal lawyer is very important as a defender of the accused’s rights and an opportunity to obtain a fair trial in sensitive cases such as criminal offenses.
Criminal courts in Tehran
In Tehran, criminal courts play an important role in dealing with criminal cases. These courts deal with the crimes defined in the criminal laws and deal with these crimes. The main types of criminal courts in Tehran are Criminal Court 1, Criminal Court 2, Revolutionary Court, Juvenile Court, and Military Court. Each of these courts has specific jurisdictions defined in the laws.
The most important point in this division is that each of these courts has exclusive jurisdiction and cannot interfere with crimes that fall within the jurisdiction of another court. These jurisdictions are inherently determined and different courts cannot interfere.
In cases where a complaint is sent to the judicial service offices, the related case is sent to the criminal or penal court. After conducting the preliminary investigation and issuing a summons, the case is transferred to the criminal court. Of course, in some crimes, the initial proceedings start from the criminal or penal court, and the preliminary investigation stage is not carried out in the prosecutor’s office regarding these crimes.
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