Diminished Liability in the Criminal Systems of Iran and England

Document Type : Original Article

Authors
Iraj Morvati 1
Nafishe Araghi 2
Manda Janghli 3
1 PhD student in criminal law and criminology, lecturer at Islamic Azad University, Shahr-Quds branch, Shahr-Quds, Iran (Corresponding Author)
2 Assistant Professor, Department of Law, Islamic Azad University, Shahr-e-Quds Branch, Shahr-e-Quds, Iran
3 Master of Science in Private Law, Islamic Azad University, Science and Research Branch, Tehran, Iran
10.22034/lc.2025.528435.1652
Abstract
Today, criminal justice systems, using the legal concept of diminished responsibility, try to analyze the reasons and methods of criminal behavior by people suffering from mental disorders. This study examines the position of diminished responsibility in Iranian criminal law and its comparison with the criminal laws of England. The main problem of the study is the lack of explicit prediction of the concept of diminished responsibility in the Iranian legal system and the exclusive emphasis on full responsibility or complete removal of responsibility. The purpose of this study is to conduct a comparative analysis of this issue in the two legal systems of Iran and England, focusing on extracting the strengths and weaknesses of Iranian laws. The findings of the study show that the appropriate use of comparative experiences can play an important role in creating more appropriate criminal justice.
Keywords
Criminal Responsibility
Impaired Responsibility
Insanity
Mental Functioning

Subjects