Abstract

Murder is an offense of result. Intention of the result is the most important ‎component of mens rea or the crime's mental elements which is the defendant's ‎state of mind at the time of the offense. However, another type of murder has been ‎described by the legislators in different countries, including Iran's Penal Code ‎‎(criminal law), which is not being explicitly embodied in the intention of the result. ‎Accordingly, the murder without the intention of the result has been criminalized ‎based on paragraphs B and C of Article 290 of Islamic Penal Code. Although there ‎is no controversy among the majority of jurists in Iran and even in other countries, ‎on considering this murder as being intentional, it has been controversial in ‎expressing the mental element of the murder. The purpose of the present study was ‎to conduct a jurisprudential analysis of murder crime without the intention of the ‎result and also to examine the mental element of the crime. Regarding the literature ‎of this study, culpability is the only criterion to consider a murder as a deliberate ‎murder which necessitates qiṣāṣ (retaliated punishment) and its mental element. ‎Therefore, in order for this crime to be the subject to qiṣāṣ (retaliated punishment), ‎it is not necessary that the nature of the crime be intentional or, to have a force of ‎an intentional crime‎‎.