اضطرار در امور كيفري : موجهه يا رافع ؟

Constraint in Criminal Law: Justifying the Act or Removing the Liability.

"Constraint" refers to a tight situation where a person unwillingly perpetrates something. Islamic law regards constraint as reason enough to justify an offence and so do most law experts and Islamic jurisprudents. Each of the reasons justifying an offence and removing criminal liability implies many legal consequences including the removal of legal grounds of the offence, permissibility or impermissibility of defensive act termination of criminal prosecution, imposing penal consequences on the accomplices and finally the existence or otherwise of civil liability. Although the note to Article 55 in Islamic Penal Law prescribes blood money and financial guarantee on the side of the person under constraint but it seems that his civil liability is questionable if he acts in the interest of a person in danger. The meaning of the concept, constraint, its analysis, presenting the reasons justifying acts under constraints and the critique of the bases of suet justification are among the issues discussed in this article from a legal and jurisprudence perspective.