Pages: 109-114

Abstract

The topic of “warning role in the elimination of foreboding criminal and civil liability” is accepted in almost all of the legal systems but the position given to the warning in the rules and regulations, especially in criminal rules and regulations, differs from a legal system to another. It can be said that in Iran’s criminal rules and regulations meanwhile the liability elimination is accepted from a notifier who has observed the conditions of cautioning, it has been case-specifically recounted as “the order by law” and “the ordinance by the legal authority”. The present study makes use of a library research method and it comes to the conclusion that although the position of warning has undergone changes and evolutions in the course of legislation but its role in the elimination of cautioning criminal liability has been stabilized dependent on the adherence to the terms and conditions stipulated by a great number of the Islamic penal codes of law approved in 2014 including the Articles 309 and 310 and Notes to the article 308, for instance article 45 of the former law of atonement. It is worth mentioning that the topic of warning had not been taken into consideration in the Islamic punishment codes of law enacted in 1992. Key words: warning, elimination of liability, axiom,