Distinction between Justifications and Excuses in Internationl Criminal Law

Document Type : Research Paper

10.22099/jls.2013.1805

Abstract

Justifying grounds (justifications) refer to those objective circumstances wich justify an unlawful act. Grounds for excluding criminal responsibility (excuses), on the othr hand, refe to personal characterisic of the defendant caused his not responcible. Distinction between justifying grounds and to grounds for excluding criminal responsibility accepted in municipal law of majority countries, particularly in civil law countries. Also in Iranian criminal law separation between justifing grounds and excuses is existence. But in international criminal law inexistence such separation. Concidering importance separaition between such grounds lookout particular juridical consequences that apiece own accordingly also in international criminal law separation between such grounds must be existence. Important question that arguable here is determination criterion for this separation. It seems for representation accorate criterion this separation is better to use from criterion that accepted in municipal law.
 

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