نوع مقاله : علمی پژوهشی
نویسنده
استادیار گروه حقوق، دانشکده علوم انسانی و اجتماعی، دانشگاه شمال، آمل، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Abstract
The purpose of this study is to examine the concept of intentional homicide under Clause (a) of Article 290 of the Islamic Penal Code and to analyze it within the framework of fuzzy logic. In Iran’s criminal justice system, criminal intent plays a central role in establishing intentional murder, and the mentioned clause emphasizes intent regardless of the nature of the act. This article, using a fuzzy logic approach, seeks to present a novel framework for explaining the gradations of intent and the lethality of the offender’s conduct. The research method is qualitative and analytical-comparative. It first explores the theoretical foundations of criminal intent and its position in Iranian law. Then, by defining fuzzy variables such as intensity of intent, lethality of the instrument, and predictability of the act, a model is constructed. This model is subsequently compared with the criminal law structure of the State of Minnesota, USA, where intentional homicide is classified into multiple degrees. The findings indicate that the fuzzy model enables a gradual distinction between first-degree murder, second-degree murder, and quasi-intentional homicide. This approach is also compatible with Islamic jurisprudence and can contribute to greater consistency and fairness in judicial practice. The conclusion is that fuzzy logic offers a modern tool for analyzing ambiguous concepts in criminal law and can play an effective role in reforming Iran’s legal provisions and judicial procedures.
کلیدواژهها [English]
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