NCJ Number
56124
Journal
Revue de droit penal et de criminologie Volume: 58 Issue: 11 Dated: (NOVEMBER 1978) Pages: 899-909
Date Published
1978
Length
11 pages
Annotation
A SECTION OF THE IRANIAN PENAL CODE DEFINING THE 'FELONIOUS' CHARACTER OF AN ACT OF AGGRESSION AS A CONDITION FOR LEGITIMATE SELF-DEFENSE IS ANALYZED.
Abstract
IRANIAN PENAL LAW LISTS A NUMBER OF CONDITIONS THAT MUST EXIST BEFORE SELF-DEFENSE AGAINST AN ACT OF AGGRESSION BECOMES LEGITIMATE: AGGRESSION MUST BE (1) DIRECTED PERSONALLY AND SPECIFICALLY AGAINST A PERSON, BODILY OR OTHERWISE, OR THAT PERSON'S BELONGINGS, ACTIVELY AND INTENTIONALLY; (2) ACTUALLY OR IMMINENTLY DANGEROUS; (3) UNPROVOKED BY THE VICTIM; AND (4) FELONIOUS. WHETHER OR NOT AN ACT IS FELONIOUS IS COVERED IN IRANIAN LAW THROUGH FOUR DIFFERENT INSTANCES. IN THE FIRST CASE, SELF-DEFENSE IS ILLEGAL IF THE AGGRESSIVE ACT IS PRESCRIBED AND ACCEPTED BY LAW AND JUSTIFIED BY SOCIETY. SECONDLY, AN ACT OF AGGRESSION MAY FOLLOW NO LEGAL RULES AND CONFORM TO NO SOCIETAL SENSE OF JUSTICE, THEREBY ALWAYS EVOKING AUTHORIZED SELF-DEFENSE. THE THIRD INSTANCE CONCERNS LEGAL AGGRESSION (CONFORMING TO THE LETTER OF THE LAW) THAT IS EXERCISED EXCESSIVELY AND THREATENS INDIVIDUAL FREEDOM AND HUMAN RIGHTS, THEREBY BECOMING UNJUST, ILLEGAL, CRIMINAL, AND RENDERING ANY SELF-DEFENSE ARGUMENT LEGITIMATE, SUCH AS PUBLIC AUTHORITIES ABUSING THEIR AUTHORITY OR A HUSBAND FORCING A WIFE TO HAVE SEXUAL RELATIONS. FINALLY, AN ACT OF AGGRESSION MAY BE JUST, BUT ILLEGAL, SUCH AS THE CREDITOR WHO TAKES A DEBTOR INTO CUSTODY WITHOUT HAVING A LAWFUL ARREST WARRANT. IN THESE INSTANCES, THE VICTIM MAY LEGITIMATELY REACT IN SELF-DEFENSE. EXCERPTS FROM IRANIAN PENAL LAW ARE CITED THROUGHOUT THE TEXT. SEVERAL FOOTNOTES ARE PROVIDED. --IN FRENCH. (MHP)