BASICS AND CHALLENGES OF THE PENAL LAW OF REFUSING TO HELP THE INJURED AND ELIMINATING LIFE RISKS, APPROVED IN 1975
PDF/A

Keywords

penal law
helping the injured
life risks

How to Cite

Sobhani, N., & Parsa, L. A. (2023). BASICS AND CHALLENGES OF THE PENAL LAW OF REFUSING TO HELP THE INJURED AND ELIMINATING LIFE RISKS, APPROVED IN 1975. Isagoge - Journal of Humanities and Social Sciences, 3(1), 288–298. https://doi.org/10.59079/isagoge.v3i1.183

Abstract

One of the crimes discussed in special criminal law is refusing to help the injured and people at risk, but unfortunately, it has not been considered and investigated. The purpose of this research was the basics and challenges of the criminal law of refusing to help the injured and removing the risks of life approved in 1975. Descriptive analytical research method was to identify the blind and ambiguous points of the unit's material, refraining from helping the injured and identifying the weak points of the unit's material. The results of the research showed that as long as the law and the legislator have turned a moral duty into a legal duty; And he did not pay attention to verifying the relationship of cause and effect; Therefore, if a person who sees someone in need of help but refuses to help, it is considered a crime of omission and is subject to punishment, and in this omission, the causality relationship must also be established. It is not a crime that the legislator did not pay attention to the motive of the willfully refraining or his negligence while performing the duty prescribed by the law, which is effective in the conviction, while in the case of intentional homicide, the perpetrator is the main basis for the conviction of leaving the act of malice. Over the years, other laws have been passed to solve the shortcomings and challenges of this article, and it has been a complement to the penal law of refusing to help the injured. According to the results of the research, it is concluded that the approval of this article has a more moral aspect.

https://doi.org/10.59079/isagoge.v3i1.183
PDF/A

References

Abbasi, M., Ahmadi, A., & Elah Barashti, N. (2012). Refusal to help the injured and the resulting responsibilities, Medical Law Quarterly, No. 25, Summer.

Ardabili, Mohammad Ali. (2013). General criminal law, volume 1, edition 38, Tehran, Mizan Publishing, p. 68

Ashton Amelia, H. (2009). Rescuing the hero .The ramifivations of expanding the duty to rescue on society and the low .Duck Law journal .Vol.59.

Clarkson, Ch. (1992). Analyzing the Basics of Criminal Law, translated by Hossein Mir Mohammad Sadeghi, Tehran, Cultural Vice-Chancellor of Academic Jihad, Shahid Beheshti. • Goldouzian, Iraj (2013). Dedicated criminal law, Tehran University Press.

Fletcher George, P. (2005). Fundamental Concepts of Criminal Law, translated by Seyed Mehdi Seyedzadeh Sani, Razavi University of Islamic Sciences Publications

Ghorchi Beigi, M., and Hosseini, S. H. (2016). Feasibility of the subject and passive of the verb in the occurrence of crime, criminal legal studies and criminology, period 4 and number 1

Haji Dehabadi, A. (2016). Crimes against persons (murder), first edition, Tehran, Mizan publications.

Savlani, I. (2017). Some points of special criminal law (1), second edition, Tehran, Shaheer Dadafrin.

Jafari Langroudi, M. J. (2016). Legal Terminology - Ganj Danesh Publications.

Kamm, F.M. (2000). Does distance matter morally to the duty to redvue ? "Law and philosophy.Vol.19.No.6.

Mir Mohammad Sadeghi, H. (2015). A comparative study of leaving the verb "the title of the material element of crimes against persons", Journal of Legal Research, No. 43.

Aghaei Nia, H. (2016). Crimes against individuals (crimes), 16th edition, Tehran, Mizan publications.

Pourbafarani, H. (2016). Crimes against persons (physical injuries), third edition, Tehran, Jangal Publications, Javadane

Romohr, P. W. (2006). A right/futy on perspevtive on the legal and philosophical foundation of the no duty to resvue rule.Duke Law journal.Vol.55.

Saffouri, S., Afchangi, M. (2010). Helping others, Scientific Quarterly of Relief and Rescue, second year, number 4. P. 26.

Yazdian Jafari, J. (2013). Investigating the crime of refusing to help people at risk, Medical Law Quarterly, No. 31.

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Copyright (c) 2023 Isagoge - Journal of Humanities and Social Sciences