A Comparative Study of First-Degree Murder in the Criminal Law of Iran and Turkey: Including New Islamic Penal Code of Iran

Committing any kind of crime disrupts the order of human society and causes people to feel unsafe. In the meantime, murder is the greatest offensive to the physical integrity of people. There are different types of murder and its severity and degradation are determined based on mental element. According to Article 289 of the new Act, 1392, murder of the soul, organ or the benefit is realizes as the three types of deliberate, quasi-deliberate and mere error. The new law has used the term crime and has extended it to other crimes than crime on soul, also mere has come after the error. In the rights of turkey under the penal code of 2003, it is divided into the following parts: premeditated murder or murder with previous decision (article 82, paragraph 1) and murder in deliberate verdict (article 82, paragraph 2, 3, 4, 5, 6, 7, 8, 9 & 10). In criminal law of Iran, according to article 205 of the penal code and in compliance with Islamic law and jurisprudence, the main penalty of premeditated murder is death which runs through hanging under the execution requirements adopted in 1307 with amendments dated 10/3/1343. But in criminal law of Turkey, under article 81 of Turkish penal code, the penalty of murder is life imprisonment. In this paper, a comprehensive definition of murder, history and its records and opinions of many professors and doctors of law have been provided and a comparative study of judicial procedures in Iran and Turkey has been discussed.

کلیدواژه ها:

murder ، criminal law of Iran ، criminal law of Turkey ، comparative study