نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه آزاد اسلامی
2 استاد تمام دانشگاه فرماندهی ستاد آجا(دافوس)،گروه مدیریت استراتژیک، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Intoxicants are those materials that using them makes one to lose his/her will power and reason. Therefore there are juridical impacts in using them that need to be studied.
Moreover intoxicants and narcotics due to their common harmful effects and causing trouble for reason and will power, might juridicaly be compared and one can claim that the term "intoxicant" includes narcotics as well.
Since using intoxicants can be a start for committing other crimes, one can also study its role on punitive responsibility.
Even though there were some gaps in the previous Islamic penalty regulation which was passed in 1370 in this regard that caused some complexities for the courts, however regulation passed in 1392 solved those shortcomings through a proper comparison between intoxicants and narcotics, along with issuing regulations and mentioning specific common cases in the punitive responsibility.
At the end; sometimes being drunk -due to using intoxicants- while committing a crime can intensify punitive responsibility and sometimes if the criminal is to be regarded without will power- due to using intoxicants- while committing a crime, then this can be regarded as a relative causes for removing punitive responsibility.
کلیدواژهها [English]