Document Type : Original Article
Authors
1
PhD Student in Criminal Law and Criminology, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran
2
M.Sc. Student of Private Law, Kerman Branch, Islamic Azad University, Kerman, Iran
Abstract
Premeditated murder is considered as a major and important crime that each of the two systems has tried to prevent the commission of this crime by adopting different laws and regulations, which unfortunately, despite the efforts made, people are still witnessing it. In Scottish law, the legislature criminalizes an act that intentionally results in the death of another. Intentional homicide, in addition to being a public crime, is an individual and personal crime. Premeditated murder, like other crimes, has elements and elements from which this criminal phenomenon arises. In criminal law, the commission of the crime of premeditated murder, like other crimes, is subject to all three elements: legal, material and spiritual. The psychological element of premeditated murder is called mental interactions and criminal thoughts of the offender and is of great importance because the quality of this element has a clear effect on the type of murder and the punishment of the offender and can make the criminal title of intentional homicide unintentional and pure error. Convert. Penalties for premeditated and unintentional homicide and the conditions for aggravating the punishment There is a difference between the rights of the two countries. Based on the reaction of the Iranian penal system, the legislator, regardless of the severity of the punishment for premeditated murder, has enacted regulations that if the conditions are met, the perpetrator will be sentenced to retaliation and has not spoken about the consequences of this treatment The Scottish Penal Code eliminates the death penalty, which is the death penalty, but all efforts are made to reduce the number of premeditated murders, and the sentence for premeditated murder is life imprisonment.
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