The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Iran and England Criminal System’s Approach to Conducts Caused by Negligence and Recklessness

Authors
Mohammad Ali Mahdavi Sabet
Houshang Shambayati
Shahram Mohammadzadeh
islamic azad university
Abstract
Mens Rea (Mental element) merely doesn’t consist the people who decide to violate the law or knowingly their conducts may create prohibited result, rather in some cases can encompass some people who should foresee risk of their conduct.
Recklessness and Negligence are the most obvious examples of fault (Shortcoming) in Iran and England criminal systems which can create criminal liability.
Now the questions are these:
Frist, what are the concepts of these examples and what is two criminal system’s approach to them.
Second, what are the criterions for evaluation of these conducts and how will criminal liability be imposed in these criminal systems.
It means that, which one of the subjective or objective tests will create criminal liability.
In this article we want to prove that mere reliance to one of these tests won’t adapt with judicial justice.
We should integrate these tests with balanced point of view and blame perpetrators of these conducts.
Keywords
Recklessness
Negligence
Objective Test
Subjective Test
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