BASICS AND CHALLENGES OF THE PENAL LAW OF REFUSING TO HELP THE INJURED AND ELIMINATING LIFE RISKS, APPROVED IN 1975

• Autor(a) principal: Sobhani, Neda
• Data de Publicação: 2023
• Outros Autores: Parsa, Leila Arin
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Isagoge (Niterói)
• Texto Completo: https://www.telosjournals.com.br/ojs/index.php/isa/article/view/183
• topic: penal law; helping the injured; life risks

One of the crimes discussed in special criminal law is refusing to help the injured and people at risk, but unfortunately, it has not been considered and investigated. The purpose of this research was the basics and challenges of the criminal law of refusing to help the injured and removing the risks of life approved in 1975. Descriptive analytical research method was to identify the blind and ambiguous points of the unit's material, refraining from helping the injured and identifying the weak points of the unit's material. The results of the research showed that as long as the law and the legislator have turned a moral duty into a legal duty; And he did not pay attention to verifying the relationship of cause and effect; Therefore, if a person who sees someone in need of help but refuses to help, it is considered a crime of omission and is subject to punishment, and in this omission, the causality relationship must also be established. It is not a crime that the legislator did not pay attention to the motive of the willfully refraining or his negligence while performing the duty prescribed by the law, which is effective in the conviction, while in the case of intentional homicide, the perpetrator is the main basis for the conviction of leaving the act of malice. Over the years, other laws have been passed to solve the shortcomings and challenges of this article, and it has been a complement to the penal law of refusing to help the injured. According to the results of the research, it is concluded that the approval of this article has a more moral aspect.