Jurisprudential Principles of the Legitimacy of Criminal Liability for Breach of the Obligation to Deal with Danger

A number of occupations necessitates that the people deal with risk like frontier guards, battlefield fighters, security police, firefighters in high-risk situations, and other occupations in which the duty and commitment naturally involve danger and endurance. Although both jurisprudentially and in accordance with the principle of Article 152 of the Islamic Penal Code, urgency removes punishment, the legislator, under the note to this article, has not allowed individuals responsible by law or duty to cite danger and urgency to leave duty and the breach of obligation is considered a crime entitled to punishment (criminal responsibility). The validity of this note can be documented based on evidences and jurisprudential principles; in this way it can be justified and legitimatized. The rule of action, the sanctity of escaping, the pervasive principle of the sense of responsibility, the sanctity of assistance in doing sin, the necessity of achieving the mental security of society, are some of the principles of the rule in question. The research method is descriptive-analytical and based on library resources.