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A review study of criminal responsibility in Somnambulism
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Reza Watankhah   , Mahmood Abbasi , Seyed mehdi Saberi |
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Abstract: (30203 Views) |
| Abstract
Introduction: Somnambulism is a legal and medicine subject, therefore, the study of this topic from psychiatric and the law viewpoint is important, because in some criminal records somnambulism is considered as a defence against attributed charges. The aim of this research, is to explicate the topic (Somnambulism) from psychiatric, religious and legal viewpoints and to compare it with other legal systems.
Discussion: Many researches have shown that persons who suffer of somnambulism should be considered as no guilty for probable criminal act during sleep walking, because they have no volition and are not alert of the quality and nature of their act and not aware of the results Concequently, they are free of criminal liability.
Conclusions: one can come to the conclusion that when reviewing or compiling Islamic criminal Law, sleep must explicitly considered as a factor removing criminal responsibility and consecutively removing criminal liability from those who commit a crime while sleepwalking (both natural or magnetic) or being affected by psychiatric disorders, due to lack of guilt and mental aspect of the crime so as to prevent punishment of those commit crimes without any intensions and volitions |
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| Keywords: Somnambulism, Sleep Disorders, Criminal Responsibility |
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Full-Text [PDF 297 kb]
(3254 Downloads)
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Type of Article: Editorial |
Subject:
Forensic Medicine
Received: 2008/09/23 | Accepted: 2018/03/29 | ePublished: 2018/03/29
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