نوع مقاله : مقاله پژوهشی
1 دانشیار، گروه حقوق جزا و جرمشناسی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
2 دانشجوی دکتری، گروه حقوق جزا و جرمشناسی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران. (نویسنده مسؤول)
3 کارشناس ارشد، گروه حقوق جزا و جرمشناسی، دانشگاه کاشان، کاشان، ایران.
عنوان مقاله [English]
Legitimate defense as a legal institution whose purpose is to protect the life, property and reputation of the people of the society has been given attention by the legal systems of the world and they have tried to establish a balance in the conflict between the rights of the accused and the victim and also tries to establish the relevant regulations in such a way that to ensure the least damage is inflicted on the party who has committed the least fault and violation of the regulations related to legitimate defense. In this article, the analytical-descriptive method of legitimate defense in the criminal law of Iran and America based on the procedure Judiciary of two countries has been examined. In American criminal law, which is one of the most prominent systems under the Common Law, legitimate defense has been considered in the Model Penal Code as well as the judicial procedure of the courts in different states, but these rules have been different in many cases in different states and have led to decisions that sometimes failed to convince the justice-seeking mind of today's people in the path of preserving the most important values. The most important of which is the cancellation of the rule of the duty to retreat (escape) in many states, which without doubt increases violence and on the other hand ignores human life. In Iran's penal code, a legitimate defense has been established in the Islamic Penal Code of 2013, derived from jurisprudential and legal sources and principles, which can be criticized in some respects, such as the legislator's failure to rule on escape if possible, and the legislator's tendency to subjectively prove the conditions of defense.