نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار دانشگاه تهران پردیس فارابی قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Abstract
The relation between subject and verdict is the same as the relation between cause and effect. In other words, as long as there is no subject realized, no verdict will follow it; and, when a subject comes to being, evidently there will come a verdict. The very important question, here, is: “when there is some doubt concerning presence or absence of a subject, which authority should obtain its presence and is his judgment in this regard authoritative and binding?” Emphasizing “Referring murder to the acts done by all those who have participated in murder”, the present article puts emphasis on the point that the authority to obtain the subject is the judge who is responsible to issue a verdict and solve the case. As a result, opinion of no institution is more authoritative and binding than that of the judge. The judge, of course, has to counsel with other institutions. Murder consists of two parts (engagement in executive operations of murder” and “referring the murder to all participants”); in the first part he has to make uses of the opinion of the expert and in the second part, he is better to refer to customary law and he has to do so.
کلیدواژهها [English]
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