نوع مقاله : مقاله پژوهشی
1 استادیار گروه حقوق جزا و جرمشناسی، دانشگاه قم، قم، ایران
2 دانشجوی دکتری حقوق جزا و جرم شناسی، دانشگاه قم، قم، ایران
عنوان مقاله [English]
One of the innovations of the legislator in Article 292 of the Penal Code Act of 1392 created the deliberate homicide of conscious recklessness to which According, homicide In effect Initial treatment voluntarily commit with his awareness and attention that his action is typically killing the other, will commit, without commit has the intention of killing someone. In this type of deliberate homicide, there is no intention in action located on victim and not awareness and attention is Supposed, unlike the second criterion deliberate homicide. However, in both deliberate homicide, commits’ awareness and attention, by personal criteria and action typically involves killing the other, with public criteria is measured, Along with this difference that deliberate homicide of conscious recklessness, common criteria for the diagnosis of a typical act of killing another being is common human, unlike the second criterion deliberate homicide that common criteria because of Profession ality is In the field of medical science. As far as it goes, Expected legislator considers the ta'zir punishment to deliberate homicide of conscious recklessness because of Lack of explicit intention homicide along with limiting retaliation to the actual murder.