Criminal liability in defense of others

 Every human being has the right to defend his life, property and honor and those to whom it is obligatory to defend himself in times of danger. This action is called legitimate defense, which in addition to Islamic jurisprudence, is also mentioned in the Islamic Penal Code. Legitimate defense as one of the justifiable factors of crime has been changed in the new Islamic Penal Code (approved in 1392) in comparison with the old Islamic Penal Code. The subject of the present study is "Investigation of criminal responsibility in defense of others (subject of Note 1 of Article 156 of the Penal Code from the perspective of Imami jurisprudence and Iranian criminal law" and according to the above can be said: life and property, honor, reputation and Freedom in the Islamic Penal Code of 1392 is a legitimate defense license, which does not necessarily require actual violation of the above cases, but the extent of the violation is sufficient. Necessity of defense, necessity or non-necessity, escape in legitimate defense, recourse to government forces, proportionality of defense to danger, are among the conditions in Article 156 of the Islamic Penal Code adopted in 1392, which is specified in paragraph A, B, C, T, But what is challenging and the main subject of the present study is the comment of an article 156, which has a series of conditions such as: close relatives of the defender, responsibility of the defense, incapable of defense, requesting help with the principles of defense in jurisprudence in It is a conflict. Because in Islamic jurisprudence, whenever someone is sure that the opposite purpose is intended to harm someone's life or property or property, it is natural that in such a case, defense is necessary and obligatory or at least permissible. Note 1 of the above-mentioned article, which states the conditions for defending another with critical and unnecessary expressions, and also Note 2 of this article, which deals with the discussion of proving the conditions of legitimate defense, has obscured the atmosphere of this legal institution. In general, this article has been compiled with vague and lacking explicit expressions and in most cases, without strong jurisprudential and legal support, and its approval in this way will only confuse the courts and issue contradictory opinions and violate the rights of individuals.