Analysis the Position of "Automatism" under Iranian Criminal Law and Common Law

Document Type : Research Paper

Authors

1 University of Isfahan

2 University of Isfshsn

10.22099/jls.2024.49941.5144

Abstract

Since the action of the brain for order to the members, is basically managed by the individual's will, every movement of the member is attributed to the brain and every order of the brain is attributed to the human will. But there is always the possibility that the brain automatically and without conscious will, issues order of a act to the body. One of the examples of these unwilling behaviors is "Automatism". In Common law, in the discussion of general defences, the concept of "Automatism" has also came. Automatism with various translations in sources of Iranian legal doctrine is not accepted as a legal term independently as a general defense in the defendant's lack of liability, only some of its examples without solidarity are mentioned in the rules. The following article with the descriptive-analytical method, while examining the place of automatism in common law, determined its role in Iranian criminal law, and compared it with similar concepts and it has come to the conclusion that automatism is different from the known defenses in the rules, including insanity, duress, necessity, intoxication, and this is a general defense alongside them. According to the findings of this research, it is suggested that criminal and civil liability should not be created with knowing that automatism is force majeure.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 09 June 2024

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