Comparative Study on the Affection of Act of Victim in the Partial Defence of Loss of Control in England Law and Self-Defence in Iranian Law

Document Type : Research Paper

Authors

1 Ph.D. student of Criminal Law and Criminology. Faculty of Law. University of Qom. Qom. Iran

2 Associate professor of Criminal Law and Criminology, faculty of law, University of Qom, Qom, Iran.

3 Associate Professor of Criminal Rights and Criminology, Faculty of Law, University of Qom, Qom, Iran

Abstract

The implication of partial defence of loss of control in the criminal system of England is that the accused loses his or her self-control, because of fear or heat of passion resulting from provocative act of victim, and kill a person. With respect to the important effect of victim in this defence, we did a comparative study on the partial defence of loss of control and self-defence in Iranian legal system. By explaining and distinguishing several situations witch deems these defences overlapped, we express some cases can only be subject to the partial daefence of loss of control. Actually we by using the descriptive-analytical method based on library sources, describing and analyzing laws, realized these two defences are distinguished in their area, nature, affection and requirements. Eventually this article attempts to introduce a draft of the defence of loss of control compatible with basses of Iranian legal system.

Keywords

Main Subjects

Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 14 May 2024

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