Review of murder cases at a special meeting of the Supreme Court judges

According to Mehr News Agency, a special meeting on judicial interpretations of the concept of awareness and attention in deliberate murder cases in line with the implementation programs of the Supreme Court's Supervision of the Supreme Court to improve the situation. Authority Ara was attended by the Supreme Court judges and the judges of the Criminal Courts of a Tehran Province and Hussein Aghaei Nia (Professor of Tehran University), Abdul Ali Zaza (Associate Professor of Shahed University and High School and Shahid Motahari University) and Hossein Mohammad Korazi (Head of Criminal Policy and Policy Department). The provisions of Article 5 of the Islamic Penal Code and its notes discussed.

Mohammad Barani, head of the 17th Branch of the Supreme Court, called on the judges present at the hearing to vote with Umayyad They have been referred to the concept of “consciousness and attention”, and also about the aforementioned issue; That is to say why this concept has been less reflected in the votes, to comment.

In the deepening of the issue, the rain stated: There are two approaches to the issue of retribution, first that attempts to reduce the punishment of retribution and to seek legal interpretations and interpretations to avoid retribution and the second approach that in deterrence of retribution, no interpretation should be considered to reduce retribution.

Hojjatoleslam Sayyid Qasim Hosseini Kuhi, the head of the Supreme Court, said: “What is to do to reduce retribution?” He provided extensive explanations on the subject of interpretation in favor of the accused in the laws and the concept of madness in the murder.

Farajollahi, the head of the Supreme Court, said at the meeting: “One of the cases we find in the Supreme Court is that the sensitive stance is not typically recognized and the accused is not known for this issue, such as a knife or bullet on the” shoulder “or” shotgun “or” groin “. He insists, which is why the case is called the Criminal Case in the Supreme Court's General Board.

Farajollahi added: Consciousness must focus on the sensitivity of the position and its fatality, sometimes the defendant is unaware of this issue and this must be proven.

Hussein Mohammad Korazooz, head of the Criminal Policy and Criminal Justice Policy Department, cited the rulings issued on deliberate murder, pointing out that the findings show that a large part of the criminals subject to retribution, documented in paragraph “B » Article 2 of the Islamic Penal Code is adopted.

He continued: The purpose of the meeting is to answer the question: What is “awareness and attention” in the legislator's view? What judicial interpretations do the judges have of this meaning? And finally, do you think that it is enough to deliberately attribute the behavior of behavior to deliberately?

In the following, Aghayenia, a university professor, addressed the various dimensions and the various understanding of this concept, and stated that the focus on examining the concept of “consciousness and attention” should be on one's behavior and action; Not the perpetrator as an independent identity. In addition, the conceptual distinction between “consciousness and attention” and “intention of result” and “science of occurrence” were among the points he emphasized.

Judge Taghian, head of the Tehran Province Branch 4, said: “I believe that every judge who comments in the murder case must be in his vote on how awareness and attention in the vote of retribution. Including how the court has to specify how this science and attention have been proven: through confession, evidence, which specific questions in interrogation or hearing in the court.

Judge Shojaee from the 10th Branch of the Criminal Court of Tehran Province stated:B » Article 2 of the Islamic Penal Code Qataleh It also plays a role, emphasizing the sensitive position in this material and the typical work of the penis can be an example of penis. Qataleh Be.

At the end of the meeting, Abdul Ali Nafar, Associate Professor of Shahed University and High School and Shahid Motahari University, “consciousness” means basic knowledge and knowledge, and on the contrary, “attention” is a focus and focus on judicial interpretations of the concept of consciousness and attention in the case of deliberate murder.

Associate Professor of Shahed University of High School and Shahid Motahari University continued: “Non -negligent awareness is always possible.

Is to say; In the final conclusion, the professors and judges present at the meeting on the necessity of reflecting on the interpretation of clause “B » Article 2 and a more accurate scientific explanation of mental concepts such as “consciousness and attention” consider it.

It is noteworthy: This specialized meeting by the Criminal Policy and Criminal Justice Department of the Judiciary Research Institute with the participation of the Supreme Court's Supervision Department in line with transformation programs and increased programs Authority Its votes and continuity were held in the criminal courts of a country in Ghadir Hall.