نوع مقاله : پژوهشی
1 استادیار گروه حقوق جزا و جرمشناسی، دانشکدۀ حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 دانشجوی کارشناسی ارشد حقوق اقتصادی، دانشکدۀ حقوق، دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
The basis of intentional crimes is the criminal’s will. A person who does not dominate his/her behavior should not be punished legally. One’s awareness to the element and circumstances of the crime, which is usually mentioned in the legal definition of crimes and is a part of the actus reus, is not an exception to this rule. Punishing the accused is justified only when his/her awareness of the circumstances and the knowledge of the consequences is proved. These circumstances are sometimes confused with the conditions known as the "aggravating circumstances". In addition, there is a widespread disagreement about the impact of science on aggravated qualities in criminal law and doctrine. There are no specific procedures in the criminal law and doctrine regarding to the provision of a criterion for distinguishing between these two types of conditions, and the necessity of intention of the aggravating circumstances. While aggravating circumstances, and the necessity of intention may have a significant impact on criminal liability. In this article, the criteria for distinguishing between these two types of conditions is offered, in addition to noticing the suitable level of the aggravated punishment. Based on the general principles of criminal law, and according to Article 155 of the Islamic Penal Code and the judicial procedure in the United States, the necessity for intention to aggravating circumstances of crime, is strengthened for increasing criminal liability.