A Critique of the Verdict No. 140036390000625830 of the First Class Criminal Court Regarding Qisas in Legitimate Defense

Fajri, Alireza; Sadeghi, Habib; SHafiei, Mohammad Javad

doi:10.22106/jcr.2022.540997.1371

A Critique of the Verdict No. 140036390000625830 of the First Class Criminal Court Regarding Qisas in Legitimate Defense

Authors

Alireza Fajri ¹

Habib Sadeghi ²

Mohammad Javad SHafiei ²

¹ Ph.D. in Criminal Law and Criminology, Office of Islamic Propaganda, Qom Seminary, Qom, Iran

² Master of Criminal Law and Criminology

10.22106/jcr.2022.540997.1371

Abstract

Branch four of the Criminal Court Lorestan, Iran, in the lawsuit no. 140036390000625830, has ordered qisas for a person who was attacked by individuals and committed the murder of one of the attackers in his defense. There are several reasons to address this lawsuit: First, it is related to the loss of human life, and in case of an incorrect verdict, it is not possible to compensate the damages. Second, there are many similar cases in the courts of justice in Iran, and their review and investigation can be effective in other cases as well. Third, this lawsuit has significant underlying problems, which show that this lawsuit lacks legal and even jurisprudential support, since the murderer was basically in a position of self-defense, and if his transgression in the defense situation is proven, the quasi-premeditated murder will be proven, not the premeditated murder. It also has several formal problems, including the lack of a case file for the accused, the lack of documents related to the reconstruction of the crime scene, the lack of investigation by witnesses and informants, and so on. This number of problems even in much less important files cannot be ignored.

Keywords

Murder

Qisas

Legitimate Defense

Paragraph B of Article 290 of the Islamic Penal Code

Class Criminal Court