نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Although discussing factors like minority as impeding or excusing factors of criminal responsibility does not have any tangible or objective results, it has a role in determining the realization of criminal responsibility of the perpetrator and then the elimination of his punishment, or the lack of realization of criminal responsibility and consequently refusing to punish him. Elements such as reason, maturity, intention, and free will are either constituents of the mental element or constituents of criminal capacity. If these elements are considered as constituents of the mental element, the latter, as one of the three elements necessary for the realization of a crime, would not be complete without them. So, there is no crime and no responsibility. If the mental element is defined as mere intention in intentional crimes and criminal fault in unintentional crimes, the previous elements should be discussed as elements of criminal capacity, the realization of which is considered one of the concomitants of the creation of criminal responsibility. However, it is noteworthy that criminal responsibility is established when there exists a criminal act alongside criminal capacity while specific causes (including justifying causes of crime and factors impeding criminal responsibility) are absent.
کلیدواژهها [English]
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