:: Volume 26, Issue 1 (2020) ::
Sci J Forensic Med 2020, 26(1): 63-71 Back to browse issues page
Diagnosis of Typically Lethal Behavior with Emphasizing on the Views of Forensic Medicine Experts
A. Najafi Tavana1, A.A. Ghorbani *2
1- Law Department, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Legal Medicine Research Center, Iranian Legal Medicine Organization, Tehran, Iran , dr.aaghorbani@gmail.com
Abstract:   (263 Views)
Introduction: One of the cases of intentional crimes in the Islamic Penal Code is typically lethal behavior which the exact criteria have not been explained for its identification. Failure to provide identification criteria in practice has led judges to try to use the views of forensic experts to assess the perpetrator's behavior, as the case may be. Despite the efforts made, we have in some cases been confronted with different opinions and perceptions and subsequently with the issuance of some dissenting opinions in the courts. Therefore the aim of this study was to investigate the dimentions of typically lethal behavior and explanation of effective components in its identification and the position of forensic medicine expert in this field. The present review study is a descriptive study conducted through the library study of some legal and medical sources, especially the branch of forensic medicine and important notes were taken and a number of cases referred to forensic medicine were examined.
Conclusion: The two main components that are the main focus of forensic medical expertise in this field are the sensitivity of the site of impact and the characteristics of the injury. Determining typically lethal behavior is a matter for the judiciary. Therefore, forensic experts cannot be legally required to specify phrases such as "typically lethal behavior. Comments of forensic experts on the lethality of injuries is as Special custom. The judge must finally makes decision according to customary standards regarding the typically lethal behavior, and issue an appropriate sentence verdict based on legal conditions and other requirements such as knowledge, awareness and attention of the offender to the typically lethal behavior.
Keywords: Murder|Typically Deadly Behavior|Expertise|Forensic Medicine|Custom ,
Full-Text [PDF 379 kb]   (56 Downloads)    
Article Type: Analytical Review | Subject: Medical Law
Received: 2020/04/29 | Accepted: 2020/06/27 | Published: 2020/07/22
* Corresponding Author Address: Iranian Legal Medicine Organization, Behesht Street, Tehran, Iran. Postal Code: 1114795113.
1. Aghaeinia H. Crimes against the persons. 4th Edition. Tehran: Mizan Publishing; 2017. [Persian] [Link]
2. Moradi H, Shahbazi A. The mens rea of murder in the Islamic penal code adopted in 2013. J Crim Law. 2016;4(13):43-70. [Persian] [Link]
3. DiMaio VJ, DiMaio D. Forensic pathology. Abedi MH, translator. 2nd Edition. Tehran: Saraye Danesh Publications; 2009. [English-Persian] [Link]
4. Sheikh Mofid. Al-Muqna'a. Beirut: Nashr al-Islamiya; 1989. [Arabic] [Link]
5. Mousavi Khomeini R. Writng of tool (Tahrir al-wasilah). Volume 4. 11th Edition. Qom: Dar al-Elm; 2007. [Arabic] [Link]
6. Najafi MH. Jewel of the word (Jawahar al-Kalam). Volume 22. 7th Edition. Beirut: Dar Al-Ahya Al-Tarath Al-Arabi; 1981. [Arabic] [Link]
7. Muhaqqiq al-Hilli Jafar ibn Hassan. Sharia of Islam in matters of halal and haram. Volume 4. Beirut: Dar al-Dawa Publications; 1983. [Arabic] [Link]
8. Khoei SA. The complement of the clear way (Takmalat al-Minhaj). Bathaei Golpayegani H, translator. 1st Edition. Tehran: Mizan Publications; 2014. [Arabic-Persian] [Link]
9. Saukko P, Knight B. Knight's forensic pathology. Fourth Edition. Boca Raton: CRC Press; 2016. [Link] [DOI:10.1201/b13266] [PMCID]
10. Goodarzi F, Kiani M. Principles of forensic medicine and toxicology. 1st Edition. Tehran: Official Gazette Islamic Republic of Iran; 2001. [Persian] [Link]
11. Goodarzi F. Forensic medicine. Tehran: Einstein Publications; 1998. [Persian] [Link]
12. Mirmohammad Sadeghi H. Offences against the persons. 2nd Edition. Tehran: Mizan Publishing; 2007. [Persian] [Link]
13. Kalantari K, Jafari Zadeh F. Criteria and examples of typically Lethal Behavior with an attitude towards the Islamic Penal Code adopted in 2011. Q J Judicial Rights Perspect. 2012;(60):151-78. [Persian] [Link]
14. Mirmohammad Sadeghi H. Offences against the persons (revised). 3rd Edition. Tehran: Mizan Publishing; 2018. [Persian] [Link]
15. Mahboudi A. Examine of typically lethal behavior in iranina criminal law according to medical standads [Dissertation]. Tehran: Shahid Beheshti University; 2011. [Persian] [Link]

XML   Persian Abstract   Print

Volume 26, Issue 1 (2020) Back to browse issues page