The role of Odvan in crimes against persons through indirect cause; Emphasizing the revision of the articles of the Islamic Penal Code

In crimes against persons through indirect cause, the perpetrator does not directly cause bodily harm. Rather, it provides an instrument to commit a crime. In these crimes, unlike some legal systems that consider fault to be necessary in order to verify the link between the causal behavior and physical injuries, in Imami jurisprudence, the main criterion is "odvan". "Odvan" can be defined as an illegal behavior by extrapolating the existing partial rulings about the causes of responsibility from jurisprudence books. Hereto two general rules regarding the role of "odvan" in such crimes could be explained. First, the rule of "non-responsibility of the owner in his property except with proof of odvan". Second, the rule of "responsibility of the perpetrator in other than his own property, except by removers of the responsibility". Islamic Penal Code, in the sixth chapter of the Book of Diyat, about the causes of responsibility is satisfied of translating the related issues and rulings from jurisprudence books in the form of partial rulings, and it has not paid attention to the role of odvan in crimes. In this research, an attempt has been made to revise the relevant general rules with the analytical descriptive method and to provide a scientific basis for solving this legal deficiency.