قتل و صدمه بدني در منازعه

Homicide or Injury in Battle

Although the judge always tries to find the truth and detect the perpetrator of a crime, but unfortunately, it is impossible in all cases. Regarding these situations the legislator in fact not for finding the truth but for solving the problem provides some rules. The legislatorʹs action in these cases is only based on convenience not thanking the truth. As it may happen that the convicted and sentenced person has not done any part of the actus reus that has lead to a specified result. So, in these cases it could be said that the legislator has presumed the actus reus. It seems that section 615 of Islamic Penal Code is a kind of these rules. The present paper considers the different dimensions of the battle that leads to homicide or injury.