The Judiciarys Law Journal

The Judiciarys Law Journal

Criticism of exceptions to ignorance of law with a comparative view

Document Type : Research/Original/Regular Article

Author
Associate Professor. Department of law, University of Isfahan
10.22106/jlj.2025.2018703.5647
Abstract
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.
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Volume 88, Issue 128
Spring 2025
Pages 251-272

  • Receive Date 24 December 2023
  • Revise Date 28 September 2024
  • Accept Date 09 May 2025
  • First Publish Date 09 May 2025
  • Publish Date 19 February 2025