نوع مقاله : مقاله پژوهشی
1 طلبه دروس خارج حوزه علمیه قم، دانشجوی دکتری حقوق جزا و جرم شناسی، دانشگاه تهران، پردیس بینالمللی ارس، ارس، ایران (نویسنده مسئول)
2 کارشناس ارشد حقوق جزا و جرم شناسی، دانشگاه مفید قم، قم، ایران
عنوان مقاله [English]
One of the most important and challenging issues of criminal law, which has a certain difficulty and complexity, is the discussion of the citation relationship (especially if several factors interfere in the emergence of the result) because in determining criminal liability and the resulting guarantee, this must always be The component to prove that the criminal result is documented by whose behavior? For this reason, the legislator has used words such as "documentary" and "citation" in the sixth chapter of the Islamic Penal Code adopted in 1995, which refers to the importance of this issue and in fact places criminal responsibility and guarantee on the basis of proving or not proving the citation relationship. . But regardless of how to establish a citation relationship in criminal law, which requires further research in this field, in this article, after solving these problems, it is stated what factors can cause the citation relationship to be severed? What are the consequences of terminating the citation in criminal law in the field of criminal liability and guarantee? In this research, by studying and studying the library resources while examining the necessity of establishing a citation relationship in crimes, the factors of termination of citation relationship and the results have been investigated.