نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The realization of unintentional crimes is subject to the determination of the perpetrator's fault, and in unintentional crimes, including quasi-intentional and pure error, the provisions of the Qisas and Diyat Book are applied. The aforementioned article has foreseen fault as the psychological element of unintentional non-criminal crimes. Therefore, in unintentional crimes, the determination of fault is a condition for the realization of the crime. This article, descriptively and using the method of collecting information, seeks to determine the existing or eliminated position of purely material crimes in the country's criminal law system. If the realization of all unintentional non-criminal crimes is subject to the occurrence of fault, on the other hand, we encounter crimes called purely material crimes in which proof of intent and fault is not necessary. Pure material crimes refer to those crimes in which the mere realization of the material element is sufficient for the crime. In this category of crimes, the mere realization of the material element is sufficient for the realization of the crime; however, there is no need to prove the psychological element in this category of crimes; even though there is a psychological element in this crime. It can be concluded that the title of material crimes only entered the country's legal system at some point along with the enactment of the Check Issuance Law and the laws on driving offenses, and following the repeal and amendment of the relevant laws, it disappeared from the country's legal system and has no relevance in the country's current regulations.
کلیدواژهها English