fundamental and operativ mistake in homicide
40 بازدید
نقش: نویسنده
سال نشر: 0
تعداد جلد : 1
وضعیت چاپ : چاپ نشده
نحوه تهیه : فردی
زبان : انگلیسی
in the name of allah******** abstract: 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