Jurisprudential- legal Explanation of the Return of Benefits and Death or Injury of Victim During Waiting Period

Salimi, Ensieh; Sarikhani, Adel

doi:10.22106/jlj.2024.2034942.5983

Jurisprudential- legal Explanation of the Return of Benefits and Death or Injury of Victim During Waiting Period

Document Type : Research/Original/Regular Article

Authors

Ensieh Salimi ¹

Adel Sarikhani ²

¹ Ph. D student in criminal law and criminology, faculty of law, Qom university, Qom, Iran.

² professor in criminal law and criminology, faculty of law, Qom universit, Qom, Iran.

10.22106/jlj.2024.2034942.5983

Abstract

If the crime causes loos of benefit, a certain period determined to measure the amount of damage. Despite dealing with this issue in article 672 and 674 of the Islamic penal code, Various factor may cause the victim death and injury in specified period which have not been noticed this article by the legislator. This article explains with a descriptive-analytical method and relying on jurisprudence and legal opinions: “Contagion of crime", "occurrence of secondary crime" and "natural factors" are effective in the interference and non-interference of diat and proof of diat or arsh. Contagion of the crime interferes of diat but other crime, each has a separate payment and natural factors causes the payment diat or arsh. There for, contrary to the provision of the mentioned article, there is no different in determining the criteria for proof of diat or arsh but interruption or possibility of the return of benefit is effective in changing the certain of proof of diat or arsh.

Keywords

Return of benefit

Death of victim

Waiting period

Diat

Arsh

Subjects