M.A. Thesis:

Comparative study on the factors for the elimination of criminal liability in the Islamic Penal Code approved in 1370-1392

In every legal system, when a crime occurs, the most important effect is punishment and dealing with the offender. In the legal system of Iran, there is also a natural and legal effect in dealing with criminals, but this general principle has exceptions, and in some cases, although a crime is committed, it does not have a punishment. This is due to personal circumstances and the conditions governing the crime. In the criminal system of Iran, the legislator considers cases exempted from punishment, which are considered to be factors of eliminating the prosecution of criminal responsibility. Factors such as minority, insanity and compulsion that although some persons have committed crimes, they are exempted from punishment, and since the Islamic Penal Code has been approved in 1392, therefore, it is necessary to review and compare the changes and innovations of the New Islamic Penal Code with the Islamic Penal Code approved in 1370 on the criteria for eliminating the criminal responsibility of the crime, which has been investigated in this study. This study examines the subject in three chapters. In the first chapter we explore the general ideas and concepts, in the second one, the responsibility of the child and the insane, and in the third chapter, dubious and obliged responsibility. At the end, the conclusion and suggestions are also expressed.

Keywords: Factors eliminating the responsibility, Islamic Penal Code, factors justifying the crime, crime