جستجوی مقالات مرتبط با کلیدواژه « مجنون » در نشریات گروه « پزشکی »

 Retribution of the murderer in the insane murder is one of the very important issues that Islamic jurists have expressed theories and rulings about it with specific reasons. Although non-retribution of the murderer in the insane murder is not specified in the verses of the Quran, but there is a narration by Abi Basir from Imam Baqir (AS) about this. The purpose of this research is to compare and apply the verdict of insane murder from the point of view of Islamic jurists and its legal challenges.

 This research was done with a descriptive analytical method and information collection was done in a library manner. Based on this, while defining insanity from a jurisprudential, legal and medical point of view, the punishment of insane murder has been investigated from the perspective of jurists of Islamic religions, and its legal challenges have been evaluated.

 The results indicate that in a case where a sane person murder an insane person, according to the well-known Imami jurists and citing the narration of Abi Basir from Imam Baqir (a.s.) and the meaning of the phrase "La Qawda Leman La Yoqadu Minho" the murderer is not been revenge. This is contrary to the Sunni jurists’ famous opinion, who believe that in the murder of an insane person, a sane murderer will be revenge. This difference in the punishment for the murder of the insane among the Imamiyyah and Sunni jurisprudents is due to the jurisprudence and principles between these religions, and since the definition of intentional murder is certain on the subject of the discussion; therefore, despite the necessity and lack of obstacles, the non-retribution of a wise man for the insane murder becomes exclusive in the case of an insan’s attack and aggression.

Lack of precise definitions for terms such as volition and discernmentfrom that point of view of law and psychology; the need to conform the definitionswith mental disorders; disagreement among the experts to determine the penal responsibility of the mental patients according to section 149 of the Islamic penal code of Iran, were the main causes of carrying the present study out.
This study used focus groups techniquein five meetingsparticipatedby psychiatrists, lawyers and judges. In each meeting the text of the section 149 of the Islamic penal code of Iran was given to audience and they were asked to define the terms of will and discernment that are mentioned in this section.
Findings & Applied definitions of volition and discernment are achieved by summarizing the comments presented by judges, psychiatrists and lawyers, including: will “a kind of mental ability coupled with intelligence that is the direct source of behavior and in conjunction with power leads to free choice versus compulsion and coercion “. If the agent does not have the power, the act does not occur and power without will leads to an act that is not regarded as volitional and authority cannot be regarded as action. The power of discernment may also be described as “the ability to understand the nature of the actions and understand and predict the consequences for themselves and others and recognize the difference between permissible and forbidden”.

Insanity of accused is one of the problems which may happen In the process of criminal procedure. As insanity removing criminal responsibility and the insane person has no comprehension of what he /she has been committed، this issue is truly important and Depending on which phase that accused become mad and insane، judicial decision would be different، it may be amount to writ of order of prosecution، stay order or even enforcement of sentence and etc…. Although it seems the articles related to definition of insane، enforcement of Hudoud and Qesas against insane person have some difficulties. Following this، to illustrate more the subject-matter، concerned articles in Islamic Penal code Bill would be analyzed.