Gross Negligence in the Iranian Criminal System: From Components and Criteria to its Effects and Foundations in Aggravating Criminal Response.

Khorram, Sina; Tavajohi, Abdolali

doi:10.22106/jlj.2025.2044249.6088

Gross Negligence in the Iranian Criminal System: From Components and Criteria to its Effects and Foundations in Aggravating Criminal Response.

Articles in Press

Document Type : Research/Original/Regular Article

Authors

sina khorram

Abdolali Tavajohi

Department of Criminal Law and Criminology, Faculty of Humanities, Shahed University, Tehran, Iran

10.22106/jlj.2025.2044249.6088

Abstract

Following the weakening of the principle of intentionality in criminal responsibility with the recognition of criminal negligence, most criminal law scholars advocate for a less severe response to negligent behaviors compared to intentional crimes. However, sometimes recklessness towards the widespread dangers of a behavior can create a relatively strong social blame, leading criminal law to have the same reaction to gross negligence as to intentional behavior. Often, prescribing such a reaction to gross negligence is seen as inconsistent with jurisprudential principles and legal texts. In this research, using a descriptive-analytical approach, while examining gross negligence in light of studying its conceptual pillars, criteria, effects, and foundations in the intensification of criminal reaction, it is clarified that the Islamic Penal Code of 2013, in an innovative move, considers gross negligence, with regard to its foundations such as intentional violation of behavioral standards and modification of the offender’s social selfishness, as one of the factors in the realization of intent in crimes, and in the note of Article 292, with a combination of objective and subjective theory, a specific assessment criterion is considered for its realization by the judicial authority

Keywords

Gross Negligence

Negligent Intent

Recklessness

Criminal Negligence

Criminal Intent

Gross Fault

Mens Rea

Subjects