Classification of premeditated, quasi-intentional homicides and pure error based on the psychological element

Previously, only the behavior and the amount of harm was considered and an element called fault and its extent was not considered. Gradually, this way of thinking changed and an element called mental element was added to the elements that constitute crimes. Although the change of approach and attention to the psychological element caused the division of crimes into intentional and unintentional and the separation of responsible persons from others, but it has always been accompanied by a logical objection and that is that there is no difference between intentional and unintentional. The mental element is an act committed either intentionally or unintentionally, while the intensity and extent of intentionality or unintentionality by different people are not the same and to the same degree. The purpose of writing this article is to express different grading for intentional and unintentional, which has been implemented by modeling fuzzy logic in premeditated, quasi-intentional homicides and pure error.

This research has been done in terms of applied purpose and descriptive-analytical method.

According to Article 289 of the Islamic Penal Code of 1392, crimes are divided into intentional, quasi-intentional and pure error based on the mental element and the only criterion for punishment is whether it is intentional or unintentional and how much is intentional or how much It is a quasi-intentional or an error that is ignored, indicating that Aristotelian logic is 0 or 1. In contrast to Aristotelian logic, there is fuzzy logic, according to which the degree of blame is considered on a basis of 0 to 1, which was used as research findings in various crimes.