The mens rea of murder is among the most difficult and well-known issues when investigating the murder and determining the nature of offence. With regard to it, the court have passed two forms of judgments on the case, including retaliation for intentional crime and payment of blood money for unintentional crime. The mens rea of murder based upon religious jurisprudence and legal law encompasses the intention of behavior and the intention of result; although by adding some clauses to the article 290 of the Islamic Penal Code, it is presumed that the legislator has accepted other causes for the mens rea of the murder, such as specified and unspecified malice, and so forth; the clauses seems to be dedicated to intentional murder, so the sole criterion for the mens rea of the murder is what has been mentioned later.
The present research aimed to address the intentional and unintentional mens rea of murder in the Iranian jurisprudence and statute law.
