نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق جزا و جرم شناسی، دانشگاه کاتب، افغانستان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
This paper, using a descriptive-analytical and text-based method, answers the question of whether a crime caused by an immaterial human action, which affects the physical and psychological health of individuals, can be attributed to the perpetrator. While attributing a crime to a material human action is generally agreed upon by jurists and legal scholars, there is doubt and disagreement regarding the attribution of a crime to immaterial actions. The result of this study is that there is no distinction between material and immaterial behavior when it comes to attributing a crime, as criminal responsibility is based on the attribution itself. If the judge, with the assistance of an expert, is convinced that the crime can be attributed to an immaterial action, they can issue a ruling for the perpetrator's liability and criminal responsibility.
کلیدواژهها [English]
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