نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق کیفری و جرم شناسیِ دانشکدهی حقوقِ دانشگاه قم، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The offence of criminal damage is committed when a person intentionally destroys or damages property belonging to another. This offence can be divided into two categories: simple criminal damage and aggravated criminal damage. In aggravated criminal damage, some factors play a role as an aggravating factor for the offence of criminal damage. In Iranian criminal law, the legislator has considered the use of explosives and the intention to confront the Islamic state as aggravating factors for the offence of criminal damage, but has not paid attention to aspects such as the intention to endanger the life of another. But, in the English and Welsh criminal law, the legislator has considered the use of fire, the intention to endanger the life of another, and racial or religious motives as aggravating factors for criminal damage. Accordingly, this article, using the descriptive-analytical method and by comparing the aforementioned legal systems, has proposed solutions to the Iranian legislator, such as eliminating the mere intention to confront the Islamic state and replacing it with the intention to endanger the life of another.
کلیدواژهها [English]
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