specialty journal of politics and law
Position of the Causality Relation in the Turkey with the Approach of Judicial Procedures of Iran, France, Germany, UK & US
Fakher Bavi, Seyed Yazd Allah Taherin Nesab
One of the disputes in criminal law and judicial practice is the possibility or impossibility of crimes as a result of the abandonment of the verb; in other words, there is a controversy about the realization of physical behavior in the form of the detention of the act. This difference arises from the complexity of the verb trap, especially The gravity of establishing the causality relation is that the separation of positive crimes from criminal offenses leads to the conclusion that the material pillar of some crimes is a positive action, that is to say, committing, and is a material pillar of some of the other crimes committed, ie refusing or abandoning the verb. Unlike the verb, the absence of the act is devoid of scientific power and does not impose any domination on material events. The effect of the abstention on absolute crimes and of the various offenses is different, and the material element in absolute crimes is obtained by mere abandonment, but it must be abandoned in its tangible crimes. The verb is followed by the result of a criminal conviction. The Islamic Penal 2013 briefly outlines the issue of the termination of the verb, but it does not diminish the complexity of the matter with regard to the conditions mentioned in the article, in particular the establishment of the causality relationship and without mentioning the bases for proving this relationship. The judicial process of countries is different in this regard.