Some reflections on the nature and scope of the will in criminal liability

• Main Author: mojtaba jafari
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2016-07-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
• Subjects: Criminal Liability; will; voluntary behavior; involuntary behavior; moral
• Online Access: http://jclr.atu.ac.ir/article_4438_17427982b036bb6340afb37e37f8fe70.pdf

Committing physical behavior is a prerequisite in realization of criminal liability in criminal law. So that nowadays the criminal thought is not a punishable crime in any legal systems of world. Therefore, the criminal responsibility will be created when a man passing by his criminal thought actually do a behavior that the legislator has prohibited it. Nevertheless, it can not be inferred from this rule that committing a physical behavior is a sufficient condition for the realization of criminal liability. Although the former is essential for the later, but it is not enough and it is necessary that this behavior is done with a free will. Accordingly, when offender has no will in doing that behavior, no criminal liability will be fulfilled. This sentence will include simultaneously the strict liability crimes and the crimes needing a mental element. But the important point here should be regarded is detecting that whether the accused had committed the act voluntarily or not. In this article, we have tried ,with a philosophical analysis, to determine the necessary components of voluntary behavior in order to be recognized the involuntary one. It is important to distinguish involuntary behaviors just because it will make the offfender unpunished.