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Comparative Study of Legitimate Defense in the New Iranian Criminal Law and the Laws of France and UK

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Author Affiliations

  • 1 Graduated from Criminal Law and Criminology, Damghan Branch, Islamic Azad University, Damghan, IRAN

Res. J. Recent Sci., Volume 4, Issue (8), Pages 96-104, August,2 (2015)

Abstract

As one of the instances of justified crime factors, legitimate defense is one of the ways in which the legislator has explicitly authorized necessary action and has removed the adjective Penal from that. As in other legal institutions and in parallel with preservation of individuals’ rights and freedoms as well as public discipline, legitimate defense is subject to fulfillment of several conditions. Some of these conditions have been decided on the strength of the clear text of law and some other may be inferred from the contents of general rules and principles of penal regulations. Efforts have been made in this research to compare legitimate defense, which is one of the most important instances of justified factors, in three countries, namely Iran, France and UK. Except for the general concepts to which we referred at the beginning of the paper, defense-related subjects are divided into four subtitles including the conditions governing aggression, the conditions governing defense, subject of defense and mistake in defense. Each of these subtitles are separately discussed for each of the three countries so that their similarities and differences may become clear and an appropriate solution can be input in their laws in cases where there is a deficiency. This is in turn one of the advantages of comparative study and one of the objectives of this research as well.

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