The Approach of the Conscience-Centerd about the Criminal Liability

The dawn of the modern criminal law (as a man-centered law) with entering and taking drawing) the term “the criminal liability (responsibility)” has embraced the consideration of the perpetrator’s personality in its first step. Despite the fundamental importance of the criminal liability in the realm of the criminal policy, the obtaining of the religious anthropology is drawing (taking) and reconciliation of the conscience liability in all the process of the criminal law including criminalization, the criminal liability and the enforcement and execution of punishments. The maximum use of the capacity of the criminal liability confronts a serious conflict with the principle of the religious anthropology which requires the human dignity and the necessity of the flourishing of the important and vital capacity (potentiality) of observing self (by a force which is called conscience) without the outer factors (agents). This paper research with definition and description of conscience, stating its importance, the conscience functions and the flourishing obligations of the conscience liability has proved the requirement of reconciliation (combination) of the criminal liability with the conscience liability with emphasizing on the elements of the religious and moral system of Islam.