The role of hypnosis in the formation of criminal acts and analysis of its jurisprudential and legal aspects

Hypnosis is a multidimensional reality whose clinical psychological dimension, namely hypnotherapy and hypnoanalysis, has received more attention and the mind control and deprivation of the subject has been neglected and even denied. The introduction of Islamic jurisprudence and law in this field and the study of the nature of hypnosis and its effect in formation of criminal acts and how to punish such acts is an essential need. Accordingly, the present study has been written with the aim of analyzing the legal jurisprudential dimensions of the role of hypnosis or in other words, hypnotic trance in committing criminal acts and how to punish them in such crimes.

This descriptive-analytical resrarch uses the library method and fishing tools and tries to analyze the nature of hypnosis and its effect in formation of criminal acts and how to punish them, as well as some important examples of hypnotic crimes such as theft, murder and rape through hypnosis.

The findings suggest that degrees four or higher in hypnotic trance in which unrealistic indoctrination is possible, if they have a non-therapeutic (criminal) function, correspond to the components of magic. The three major types of hypnotic crimes are hypnotic murder, hypnotic rape, and stealing people's property through hypnosis. In all these cases, if the subject is involuntary, the crime will not be documented to him and the hypnotist will be responsible and punished, but if the subject presents himself to the hypnotist with the intention of committing the crime in a trance state, he will be criminally liable and punished. If the subject is the victim or the victim of a hypnotic crime, the hypnotist is considered the perpetrator.