مطالعات فقه و حقوق اسلامی (Dec 2019)
The nature of citation relationship and establish criteria it
Abstract
The proof of the citation relationship has an important role in imposing criminal or civil liability on the perpetrators. Therefore, despite the fact that the study of the content and appearance of this relationship in terms of stability and affirmation is of great importance. But the explanation for this issue is more difficult in continuity causes. This article, by examining the content of the citation relationship, regards it as related to actus reus of the crime and, consequently, its material and scientific nature, and seeks to prove this The citation relationship, as a channel, is considered to be the flow of the material impact of acts involved in harm. With the lack of effective elements in this regard, i.e the forcible factors and causes, the discussion of the negation of the relationship is cited and ultimately the non-responsibility of the perpetrator is raised. In the aspect of the form and the affirmation, it must also be acknowledged that this relationship is proven by material and scientific method, in which subjective or customary perceptions based on tolerance, There is no place, and only these cases regarding the relation of citation are of such magnitude as to be consistent with the realities of the present and taken from scientific and rational ways.
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