University of Tabriz Jurisprudence and Islamic Law 28210891 3 4 2011 12 09 The Test of Carelessness Distinction in Establishment Criminal Liability The Test of Carelessness Distinction in Establishment Criminal Liability 79 166 2085 FA Mojtaba Janipour Assistant Professor, Guilan University Mojtaba Vahabi M.A student in Criminal Law and Criminology, University of Guilan Journal Article 2011 09 18 Not all crimes are committed intentionally. Sometimes the agent carries out an act which he had not intended, but due to some other factors, his act is reprehensible. Carelessness is one of the most prominent factors which can bring about criminal responsibility. Now the question is from which perspective should carelessness, negligence, etc. be viewed? Should we consider whether the agent was subjectively careless (Subjective Test)? Or whether the subjective test should not be relied upon and the agent’s act should be compared with those of a reasonable person (Objective Test)? In this paper, we are going to prove that due to multiple reasons, the mere reliance on either subjective or objective test is not an acceptable approach since each of these approaches comprises advantages and disadvantages and the sole use of any one of them will bring about the incompetence of the criminal justice system. What will result from the reasonable co-existence of these two viewpoints is a moderate approach which is free from subjective and objective extremism and we shall name it “The Mixed Test”. Not all crimes are committed intentionally. Sometimes the agent carries out an act which he had not intended, but due to some other factors, his act is reprehensible. Carelessness is one of the most prominent factors which can bring about criminal responsibility. Now the question is from which perspective should carelessness, negligence, etc. be viewed? Should we consider whether the agent was subjectively careless (Subjective Test)? Or whether the subjective test should not be relied upon and the agent’s act should be compared with those of a reasonable person (Objective Test)? In this paper, we are going to prove that due to multiple reasons, the mere reliance on either subjective or objective test is not an acceptable approach since each of these approaches comprises advantages and disadvantages and the sole use of any one of them will bring about the incompetence of the criminal justice system. What will result from the reasonable co-existence of these two viewpoints is a moderate approach which is free from subjective and objective extremism and we shall name it “The Mixed Test”. https://law.tabrizu.ac.ir/article_2085_9bb590b5f8fbd0a34e1c3fcb735d0874.pdf