نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Restless Legs Syndrome is far more than a simple neuromotor disorder; it is a borderline phenomenon at the intersection of neuroscience and criminal law that can seriously challenge the traditional elements of criminal liability. This qualitative study, through the analysis of international judicial decisions and recent findings in neuroscience, argues that this syndrome affects attribution through two independent pathways: the first pathway operates through the behavioral side effects of dopamine agonist drugs which lead to impulse control disorders and compulsive behaviors such as pathological gambling, compulsive shopping, or high-risk sexual behaviors; and the second pathway operates through chronic insomnia caused by the disease itself, which severely reduces frontal lobe function and response inhibition capacity, replacing deliberative will with emotional and immediate decision-making. The findings of this study indicate that in Iranian criminal law, RLS cannot be considered a cause of complete exoneration from liability; however, citing Article 156 of the Islamic Penal Code and the general principles of criminal justice, it can be regarded as a decisive mitigating factor or as a cause of relative exoneration from liability. The final finding is that convicting a patient with RLS without a specialized threefold evaluation is not only unjust but also clearly contradicts the corrective goals of punishment and the principle of human dignity, and it necessitates the individualization of punishment and the application of alternative sanctions as an undeniable necessity in the criminal justice system.
کلیدواژهها English