Apprehension of removing responsibility from the defendant in cases with warning subjectivity requires full implementing conditions of the rule of warning. By implementing the rule, disclaiming is inevitable, especially criminal responsibility. Despite its many potential applications, it has not maintained its position and actuality and paid less attention, due to lack of information of lawyers on theoretical and practical aspects.
This research suggests that before conducting a legitimate behavior, if there is given effective warning and despite the possibility of escape from danger zone, the warned refuses, the revealing is not responsible in case of financial or life accident and damage to the warned, and shall not be given atonement and liability.
In a narrative from Imam Ali (AS), quoted by Imam Sadegh (AS), it has been stated: “Muhammad ibn Yahya from Ahmad ibn Muhammad ibn Esmaeil ibn Bazi’a from Muhammad ibn Fadil from Abbey Al-Sabah Kanani has narrated that Imam Sadegh (AS) said that in time of Imam Ali (AS), children played with their slings. One of them shoot toward another child with his sling and his tooth was damaged due to shoot by his friend. Then the wounded referred to Imam Ali (AS) and the shooter said that he has said: be aware [i. e. he has warned] and Imam Ali (AS) exempted that person to be retaliated and said a person who warns, he will be excused.
Conditions to Implement the Admonitory Rule and Criminal Absolution
There are discussed behavior legitimacy, effective warning and the possibility of risk aversion for the warned as conditions to implement the admonitory rule and criminal absolution.
- Behavior Legitimacy
Behavior legitimacy means the act legitimacy or omission in permissible place that includes unintentional behavior.
Behavior legitimacy is an important condition and the term of “legitimacy” means legality of behavior that with regard to unlawful of rules in the Islamic Republic of Iran, behavior legality leads to its legitimacy. By considering the Article 167 of the Constitution, there are filled the law gaps using the Islamic authoritative sources or authentic fatwa so that if there are defects or brevities or conflicts in the developed laws to issue polls, the authoritative Islamic sources and authentic fatwa can be used.
The principle of excuse is related and interacted with a variety of criminal, civil and disciplinary responsibilities that its implementation means disclaim of warning, especially criminal responsibility.
Basic and general conditions to realize the principle and disclaim include behavior legitimacy of the warmed, effectiveness of warning and possibility of danger escape for the warned.
With effective warning before legitimate risky behaviors and lack of attention to warnings and entering the danger zone, in the event of an accident leading to financial and life damage and casualties, the warning is not responsible.
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