University of Tabriz Jurisprudence and Islamic Law 28210891 3 4 2012 06 21 The possibility of adhesion of fault to intention in homicide The possibility of adhesion of fault to intention in homicide 205 224 2095 FA Hosein Fakhr Assistant Professor, University of Tabriz Reza Fani Ph. D student Journal Article 2011 10 01 In criminalization stage‚ the principle is that homicide must be intentional. But nowadays‚ homicides are not committed intentionally, but they occur as a result of misusing of thought during various activities‚ disturbing the public order and hence they must be criminalized. Hence, the mens rea of homicide should be extended and, in addition to intent‚ it should cover the failure in using the thought by human. If the fault is so grave that it can disturb the public order‚ it is called criminal fault. It must be suggested that the authority that finds occurrence or non- occurrence of criminal fault and its gravity is jury. Criminality of homicide that rises from criminal fault is exceptional and needs to be expressed by legislator. Occasionally, the legislator has alternated the fault with intention and has extended the punishment of murder to that. In this article, it is proved that retaliation is the punishment of murder and would not cover the homicide rising from fault by anyway. In criminalization stage‚ the principle is that homicide must be intentional. But nowadays‚ homicides are not committed intentionally, but they occur as a result of misusing of thought during various activities‚ disturbing the public order and hence they must be criminalized. Hence, the mens rea of homicide should be extended and, in addition to intent‚ it should cover the failure in using the thought by human. If the fault is so grave that it can disturb the public order‚ it is called criminal fault. It must be suggested that the authority that finds occurrence or non- occurrence of criminal fault and its gravity is jury. Criminality of homicide that rises from criminal fault is exceptional and needs to be expressed by legislator. Occasionally, the legislator has alternated the fault with intention and has extended the punishment of murder to that. In this article, it is proved that retaliation is the punishment of murder and would not cover the homicide rising from fault by anyway. https://law.tabrizu.ac.ir/article_2095_a0d8e5335b024f2b1409adcb6f03f3d9.pdf