The Judiciarys Law Journal

The Judiciarys Law Journal

A Comparative Study on Thin Skull Rule in Common law and Iran criminal law

Document Type : Research/Original/Regular Article

Author
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran
Abstract
According to thin skull rule in common law accused must take his victim as he finds him. This accepted by Iran and common law legal system with respect to child, old and who suffers from physical and mental disorder so that their weakness is considered in the imputation of bodily harms to accused. It means that accused must consider his victim’s voluntarily and involuntarily reaction. This rule is accepted just about by two law systems in the scope of automatic physical act and psychological reactions of victim and even on the ground of necessity or duress. But in the case of the victim’s unreasonable voluntarily reactions resulted from his or her belief, the rule has been accepted in Blaue1975, nevertheless it was subsequently interpreted differently by lawyers. In Iran law according to Islamic jurisprudence and positive law the imputation of the result to the accused in this situation is doubtful and can not be accepted.
Keywords

Subjects


Volume 87, Issue 121
Winter 2023
Pages 307-327

  • Receive Date 18 January 2022
  • Revise Date 20 April 2022
  • Accept Date 14 April 2022
  • First Publish Date 02 July 2022
  • Publish Date 02 July 2022