The Mistake in Killing

If a man has been killed and then established killer has committed a premeditated murder like with an intention of killing the other person, what kind of murder would it be and what kind of punishment would it have, with respect to rules and provision of penal la code of Iran for the murderer. With due consideration, in fact, it is evident that this issue includes two problems. First, from the point of view an error, if the killer has committed a criminal act and has selected to equip himself with a murderers mean. For example, due to lack of skill, the murderers shot should hit a person A instead of this it strikes person B and kills him. As mentioned before, we discussed this topic under the pretext of an error in materialistic rudiments. We conclude that if this killing was aroused due to an act of negligence committed while performing this action. Then according to Article No: 297 Islamic Penal law, murder is charged as mistake and the male relationship of father is liable to pay the blood money. And if the murder has resulted from a mistaken action which hasbeen committed while performing such a personal act, then this killer would be under the plausibility verdict similar to intentional act. The criminal should pay the blood money personality to the murdererd person.But if this act is comitted before performing it, from the point of view of custom and logical reasons. Plausibility of error in murderer’s action is related to as a crime against him. This means that the murdered person is defined as a specific or definite person which comes under the Amendment A. Article 206 Islamic Penal Law as murder and the murderer is condemned the application of the Law of retaliation. Secondly, if, after the murder, it is realized that the murdered personwas not the purpose of killing by the murderer. Mabye this murder has been aroused from his incorrect identification accoding to Amendment B Article No: 295 Islamic Penal Law as it is apparently an act of premeditation, unless the perpetrator can prove it with a bvelief in Law of retaliation that he has murder is intentional on condition that this mistakehas resulted due to his fault. And, of course, in case of this mistake which has not from his committed mistake, then this is an downright murder and the male relationship of father is charged with a duty to pay the blood money.