A 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 killing a person. Although the loss of control has an important role in this defence and must be proven objectively and subjectively but the unjust act of victim is one of the two essential requirements of this defence. 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. Therefore, it cannot be claimed that due to acceptance of the self-defense, it is not necessary to recognize the partial defence of loss of control in penal code. 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 bases of Iranian legal system.

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Criminal Law Research
Volume 15, Issue 1 - Serial Number 29
Papers
July 2024
Pages 49-65

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