نویسنده
استاد دانشگاه آزاد اسلامی، واحد علوم وتحقیقات، گروه حقوق جزا و جرم شناسی ، تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
p>Duress provided as one of the most important and controversial issues of criminal liability barriers in domestic and international law. But what is the difference in the civil law and common law systems of the duress of the crimes leading to the death of innocent people. The civil law system in compliance with the strict requirements duress accepted and considered it as prevents criminal liability. But the common law system is not accepted in these crimes but only can be Mitigating factor of punishment .the Base of accepting duress in the civil law as an obstacle to the establishment of criminal responsibility is reasonable choose and understandable in a society. In other words culprit action against an intolerable threat to the community does have a reasonable and understandable and understood. Statute of the International Criminal Court for the former Yugoslavia and Rwanda and … is silent in the duress of the crimes leading to the death. According to the judges of the courts of common law systems function (duress as a barrier offense) or the civil law (duress to simply commute the sentences), opinions differ on acceptance and rejection duress issued. To the Statute of the International Criminal Court was adopted in 1998 and the controversy ended. Component d of paragraph 1 of Article 31 of duress and necessity to comply with the strict requirements of all crimes, even leading up to the murder of innocent people as barriers to the responsibility of the Criminal is known. By examining the sources of international law in Article 38 of the International Court of Justice is listed as follows:1: international agreements2: international standard3: General principles of law recognized by civilized nations is determined andCRevue de Recherche Juridique, No. 69. 20154: What Lawyers authentic It can be concluded that the duress is acceptability as criminal liability barriers for all crimes, even crimes leading to the death of innocent people with the strict conditions.Keywords:duress, necessity, criminal liability barriers, Statute of the International Criminal Court.
)