نوع مقاله : پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
Criticism of exceptions to ignorance of law with a comparative view
The general rule is accepted regarding ignorance of law is that it is not a excusatory conditions. However, regarding the exceptions to this rule, there are ups and downs in different legal systems. Article 155 of the Islamic Penal Code of 2012 has accepted ignorance of the law as an excuse in two exceptional cases. The first is the case where it was usually not possible for the accused to know the rule of the law, and the second is the case where ignorance of the rule of law is considered an excuse from the Sharia point of view. However, it seems that these two exceptions overlap in many cases, which needs to be explained. In the French legal system, in spite of accepting some examples of ignorance of law under the title of "unavoidable ignorance", the judicial procedure has not shown happiness towards it and has not accepted the claims of ignorance of law. This article, while criticizing the position of the legislator, also mentions the laws of France, England and the statute of the International Criminal Court.
کلیدواژهها English