Diagnosis of typically lethal behavior With Emphasizing on the views of forensic medicine experts
One of the cases of intentional crimes, which is mentioned in the Islamic Penal Code is typically lethal behavior. The exact criteria for which have not been determined. In practice, this shortcoming has led judges to try to assess the defendant's behavior using views of forensic experts. Despite the efforts made, we have in some cases been confronted with different opinions and perceptions and subsequently with the issuance of some dissenting opinions in the courts. In this article, at first the effective components in it are identified and then the position of forensic medicine expert in this field is considered.
This study is a descriptive study. Through the study of the library, some sources were examined. Also, a number of cases referred to forensic medicine and expert opinions were reviewed and evaluated.
The two main components that are the main focus of forensic medical expertise in this field are the sensitivity of the site of impact and the characteristics of the injury. Determining typically lethal behavior is a matter for the judiciary. Therefore, forensic experts cannot be legally required to specify phrases such as "typically lethal behavior.
Comments of forensic experts on the lethality of injuries is as Special custom. The judge must finally makes decision according to customary standards regarding the typically lethal behavior, and issue an appropriate sentence verdict based on legal conditions and other requirements such as knowledge, awareness and attention of the offender to the typically lethal behavior.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.