2020 Volume 5 Issue 2 Supplementary
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COMPARATIVE INVESTIGATION OF INTELLECTUAL ELEMENT (MENS REA) IN THE CRIME OF ROBBERY (THEFT) IN THE PENAL LAWS OF ISLAMIC REPUBLIC OF IRAN AND AZERBAIJAN REPUBLIC


Siamak SHAKER SULTAN AHMADI, Changiz MUSTAFA YU, MAHDI Mansouri, Mortaza SHARI’ATI
Abstract

As one of the crimes against properties, robbery is a crime that, as Mr. Garofallo puts it, that is realized as being natural  in the  majority of the countries disregarding the time and place of its perpetration. But, the thing that seems to be more important is that no action is envisioned as a crime without criminal intention and/or at least without criminal mistake. In other words, the main principle of the penal lore is that all the crimes are intentionally perpetrated unless penal mistake is replaced by intention in the law. The recognition of the intellectual or psychological pillar of this crime is of a great importance because it differentiates the criminal liability from civil liability hence crime from otherwise. In crime of robbery, malicious intention appears both in general and specific forms with the former being the intention for performing the material behavior of robbing and the latter being the intention for depriving another person from a property forever, i.e. intending to cause property losses to the owner thereof. In the legislations of Iran and Azerbaijan, the intellectual element of the crime has not been directly predicted in any special article thus contemplation over some of the issues in this regard seems to be useful‎‎‎.


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