نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد دانشکده حقوق دانشگاه شهید بهشتی
2 دانشجوی دکتری، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران نویسنده مسئول :s_parhizkary@sbu.ac.ir
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Tort as one of the types of liability in the common law, is straddling the line between criminal law and contract-based law. Negligence, a branch of tort, is gaining popularity. The main basis of this tort, as its name suggests, is based on the element of negligence, and the only guarantee for its execution is compensation for damage. Nowadays, many accidents are caused by the negligence . Not all crimes occur intentionally. Here too, although the perpetrator of negligence does not have the mens rea to commit a crime, by deviating from the behavioral standards of a normal person, he has violated the rights of others. Therefore, negligence could be an initial step toward future carelessness . In such a situation, the transformation in the concept of the mens rea of the crime and as a result the change in the type of responsibility will be more effective; A matter that requires the justification of negligence as a sufficient mens rea to commit a crime. With a descriptive and analytical method, this article discusses the possibility of treating negligence as a mens rea element of crime, and by using various approaches such as the risk creation approach, the tracing approach, and other related factors, it justifies the possibility of criminal responsibility for the perpetrator of negligence. In this regard, the achievement of this research is the necessity of adopting a differential policy in dealing with the element of negligence and providing criteria that justify this distinction.
کلیدواژهها [English]
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