Author(s): D Seyed Doraid Mousavi Mojab and Mohammed Ghatar AL-ZEYABI

Abstract: The notion of good faith has a privileged and exceptional place in all disciplines of legal science. Today, the legal statutes of several nations openly or tacitly make reference to this fundamental premise. In the realm of criminal law, the notion of good faith is not as often recognized or emphasized as it is in other areas of law, particularly private law. Many writers and academics have overlooked or disregarded its significance in practice. In Iranian criminal law literature, the notion of good faith is examined in comparison to Western and Arab nations. The explanation for the accuracy has not been provided. While the legislator indirectly acknowledged the importance of good faith in certain aspects, such as excuses, the legality of hidden qualities, and the causes of obscenity for the committed behavior, it was not explicitly mentioned. Furthermore, the criteria for determining good faith and the standards for recognizing it have not been clearly defined. Only legal doctrine and some judicial authorities have provided guidance on these matters, particularly when writing verdicts and explaining why the charge title was modified or changed. However, the specific nature and extent of the criminal response to good faith have not been clarified. The offender demonstrates attentiveness. According to the general theory, the concept of good faith in criminal law revolves around the intention of the perpetrator and its impact on criminal liability. By demonstrating the absence of malicious intent, a person's good faith is invoked to justify their actions in exercising or utilizing their rights. The research methodology used in this study is descriptive-analytical and comparative. The collection of materials was done using library resources.

Pages: 129-137 | Views: 264 | Downloads: 135

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