A comparative Study of Legitimate Defense by Traffic Police Officers in the Islamic Penal Code

The issue of legitimate defense is not a novel issue.Since the very beginning when man got to know each other, he had to defend himself against other's attacks and keep atrocities away from himself. Old societies, inspired by these same preliminary instincts, enacted some rules and regulations in this area and made defending of life and properties immune from prosecution and punishment. In our laws the legislator has elaborated on cases of legitimate defense. The legitimacy of defense is to some extent that only the legislator has contemplated on it in case where it has been found necessary. In the holy Islamic Sharia, legitimate defense is the right of each human and, on critical occasions, Islamic has ordered its followers to defend their lives, properties and honor. This action is called legitimate defense.in addition to the Islamic jurisprudence, our Islamic Penal Code and the criminal laws of other countries have addressed it. Actions by traffic officers during their duties falls under this category should some terms are met. Meanwhile, article 157 of the Islamic Penal Code has accurately referred to it. Of course, the fulfillment of this subject and that the conduct of a behavior resulting in punishment not deemed offence on a normal state require special conditions, These terms have been referred to in the Islamic Penal Code. Article 156 of the new laws have also accepted the private right to defense by considering punishment for criminal actions against legitimate defense; however, they have also envisaged conditions for legitimate defense and considered necessity instead of proportionality and investigation in the court stage only.