Exploring the concept and function of conditional criminal capacity in Iran's legal system.

Articles in Press

Document Type : Research Paper

Authors

1 Criminal law training group Faculty of Law and Political Science kharazmi University Tehran Iran

2 Assistant professor of Kharazmi University

Abstract

The issue of criminal capacity is one of the fundamental topics in criminal law, which refers to the ability of a person to commit a crime with knowledge of the consequences and freely (with intention) perform the behavior, and as a result, be subject to punishment and receive a proportionate penalty. This matter divided functions related to criminal capacity into two parts, restrictive and conditional (capacity to commit a crime), and mitigating function (capacity to tolerate punishment), leads to the examination of these two functions in this research through analytical and descriptive methods. The results show that the elements of criminal capacity are identified as the subjects of criminal law, and the legislator of our country has included the conditions of criminal capacity as part of the conditions for criminal responsibility and accountability. Accordingly, corrective and educational measures are considered based on the individual circumstances of the offender.

Keywords

Main Subjects

Majlis and Rahbord

Articles in Press, Accepted Manuscript
Available Online from 02 March 2024

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