Impact of satisfaction with sexual transmission

متوسطخوبخیلی خوبعالیبسیارعالی (امتیاز دهید)
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One of the most important issues in this regard is the issue of the satisfaction of the law. The question is, if the innocent person is to commit a crime against himself and accept all his works, is the fault of the perpetrator responsible for this act to be overcome?

For example, if a wife marries her spouse and is also infected with AIDS, does she assume that his consent gives rise to the legitimacy of her husband’s actions and prevents him from prosecuting him?

In answer to this question, an attorney at law said that he had to consider the two assumptions:

  1. The assumption of the natural sciences about the assertion of the accused: At first glance, it may seem that one cannot recognize the accused in this guilty assumption, whether his action is accompanied by satisfaction, and Mujuni-Aliyy, by expressing his satisfaction, is actually acting against himself. Has given Hence, the satisfaction of the innocent is the cause of the prosecution of criminal responsibility. In France, in confirming the positive answer, it often cites the saying “does not make sense”. But accepting this view in Iran’s criminal law is difficult. Attorney at the base of a judiciary

Since crime is a disruptive act of social order and the punishment is more than anything else to maintain order and defend the general interests of society, and the right to punishment is in the public interest, the consent of the individual does not commit the accused and cannot be considered as a reason for the act and punishment To execute the punishment. Accordingly, scholars of legal and judicial practice have never recognized the satisfaction of the Islamic Revolution effectively in the nature of the crime and did not regard it as a corollary of the qualification of a crime.

To the maximum, it can be said that the satisfaction of the innocent can be in the form of a reduction in punishment. The other reason for this is that the Criminal Code is considered to be a matter of law and criminal law is further developed in order to establish a general order and the survival of the society; therefore, the will of the innocent is not able to make a mistake in its implementation. Therefore, the Resident’s satisfaction from committing verbs that harm his life, his health and physical fitness, such as (consenting to the transmission of AIDS), murder, and assassination are ineffective. The effect of the exclusion of the satisfaction of the Supreme Court as a condition for the practice of action is only in the absence of a legal prohibition and based on the permission of the law. Satisfaction with treatment, surgery, or legitimate medicine is one of these kinds of satisfactions.

  1. The assumption of the ignorance of the innocent is that of the accused: in this hypothesis, there is an esteem of satisfaction, but this satisfaction is due to the lack of knowledge of the accuser’s carrying. In the first hypothesis, we stated that foreign science does not have the ability to transmit or transmit transmission of AIDS, and even its consent to such a transfer, cannot legitimize the perpetrator’s conduct in Iranian law.

In Islam, this view rests on the fact that the human soul is a part of the Supreme Lord in His being and, in principle, man does not possess his own self, so that he can deny it and, first, can not give that authority to another To delegate Therefore, in the first case, in the event that the satisfaction of the opponent is corrupted for a reason or due to a lack of reluctance or force, it will not have any effect in the first place. In this regard, it has been argued that, in principle, the satisfaction of the innocent, even in the form of a reduction in punishment, must be free of any defects and without any tension.

When placing others at risk of certain contagious diseases is a criminal offense under current laws, this crime is often committed without regard to the victim’s behavior. Cholera is a significant disease in England. Placing an exposed person is a criminal offense. In such crimes, satisfaction does not have a practical and legal effect. No one with intellectual disabilities does not voluntarily expose herself to cholera. Although the lovers may consciously put themselves at risk of transmitting AIDS. The crime usually involves putting an inevitable and non-voluntary HIV-positive partner at risk.

However, it should be noted that in many jurisdictions, satisfaction with certain types of physical harm in the criminal procedures of countries, protecting citizens and protecting citizens. In the context of AIDS, such a policy means forced

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