The Feasibility of Criminalization of Refusing to Save a Suicide in Jurisprudence and Criminal law of Iran

• Hosseinzadeh, Payman ^[1] ; Goldouzian, Iradj ^[1]
  1. [1] Islamic Azad University

     Islamic Azad University

     Irán

     
• Localización: Revista Publicando, ISSN-e 1390-9304, Vol. 5, Nº. 18 (Octubre-Noviembre-Diciembre), 2018, págs. 93-111
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • Although the “suicide” and the mere fact of committing it, following the established and accepted principles of criminal law, like the principle of “the legality of crime and punishment”, does not have a criminal description and does not warrant punishment. However, the investigation and feasibility of criminalization in the “realm” of this behavior, such as the “refusal to help a suicide who has been survived” or “someone at risk of suicide”, will not be in conflict with the principles and frameworks in the field of criminalization- in particular, when the attention of Iranian legislator is towards ethics, the necessity of social correlation and, most importantly, the preservation of human dignity in addressing the crime entitled “refusing to help the injured and eliminating the soul dangers” with a few years old is as a kind of criminal act in the form of nonfeasance. In particular, since in the considered single article that is towards the victim in order to determine a task for abandoner is limited to the dangers arising from committing various offenses by people other than the victim, and the use of the single article includes those who are victimized by their fault and even if they express regret and ask for help or infer to a change of decision, in the case the person at the risk of committing suicide, commit crime in the form of suicide by someone else, the necessity of criminalizing the innocent person’s behavior is completely rational and at the same time consistent with the judicial fairness and equity. Therefore, in this article and with the assumption that the refusal to assist such people is crime, the elements and then the various punishments are addressed after the structural analysis of the crime.