Scientific-Research Quarterly Journal of
Law Knowledge
Volume 2, Issue 3 (6-2024)
SRQJL 2024, 2(3): 120-141 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Ahmadi E M. The nature of reluctance, coercion, and emergency and their effect on criminal liability in jurisprudence and law. SRQJL 2024; 2 (3) :120-141
URL: http://srqjl.knu.edu.af/article-1-55-en.html
URL: http://srqjl.knu.edu.af/article-1-55-en.html
Abstract: (36 Views)
The terms compulsion, reluctance, and emergency are among the secondary titles in duties and rulings that have been discussed and examined in jurisprudence and law, and there are effects on them in the civil and criminal aspects. All three mentioned situations prevent criminal responsibility;, But there are differences between them. The difference between reluctance and coercion is that coercion takes away a person's true will and authority; However, in reluctance, the will and free will are not completely removed, but satisfaction and good will are damaged. The achievement of reluctance is conditioned by threats and the existence of fear;, But in coercion, there is no chance for threats and fear. The difference between reluctance and emergency is that in an emergency, threatening conditions and situations arise naturally and humans do not interfere in its occurrence; But in reluctance, the source of danger and threat is always human. Emergency does not cause distortion of discretion and limitation of the will of the person in distress;, But reluctance causes distortion and limitation of the will and discretion of the person who hates. In the end, reluctance causes the decline of obligatory and situational rulings; But the emergency does not cause the status ruling to disappear. The difference between compulsion and emergency is also in denying the will of the compelled person and the origin of both; The source of compulsion is the human factor and the source of emergency is the external and natural factor, and the realization of each of these situations has conditions. This research has stated the issues with a descriptive and analytical method in a reasoned and documented manner. According to the current research, they remove all situations or the principle of duty and responsibility from the person, and the person has no previous responsibility and criminal capacity at all, or they remove the punishment, impeachment, and posterior responsibility, and despite committing a crime, the consequences of criminal behavior are not imposed on the person.
Keywords: Criminal jurisprudence, Criminal law, Criminal liability, reluctance, coercion, damages, and factors that mitigate liability
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |