fundamental and operativ mistake in homicide
تعداد جلد :
وضعیت چاپ :
نحوه تهیه :
in the name of allah********
recognition of divisible objective and mental subjective make certain intention and comparison that on the intent to commit a crime on persen and to kill or to put on individual:"capaly purposive to death and kill nof a manslaughter"
Is alimited:(criminal responsibility).mistake of law is no defense,but persen my claaim that had he know the true facts the crime would not have been committed mistake of fact is a good defense
Mistake in homicide two situation may arise:1)mistake as to person
2)mistake as to identity.
where the law requires intention or recklessness as to some element in the acts reus;Here a mistake will be a good defense
where the offence may be committed negligently.Here to be defense a mistake must be areasonable one
Strict liability;Here mistake is no defense to crime
Here is two doctroine:1-sufficiency of intention and result of the persen should be absolute.
2-necessity intenton and result of the victim on offence