“Criminal Liability of Vehicle Drivers” written by Ismail Aghababaei , a faculty member of the Islamic Sciences and Culture Academy, was honored at the closing ceremony of the 16th International Cultural Research Festival in the Islamic Research section among 1280 works.
Publisher: Islamic Sciences and Culture Academy
Author: Ismail Aghababaei Bani
ISBN: 9786001958175
One important aspect of “Criminal Liability of Vehicle Drivers” is the responsibility for bodily injuries. According to the definition provided in jurisprudence and subsequently in law, these injuries, due to the absence of intentional act and intent to cause harm, generally fall under the category of pure negligence. This approach is also consistent with corresponding religious rulings (fatwas).
Practical issues with this approach have led to attempts in jurisprudence and law to categorize bodily injuries resulting from accidents as quasi-intentional crimes. This research aims to critique and examine these solutions, addressing the ambiguities and problems in the laws.
The focus includes exploring the foundations of guarantee in bodily injuries, distinguishing between criminal and civil negligence, and its impact on driver liability. It also presents jurisprudential solutions for different degrees of bodily injuries in quasi-intentional cases, along with a critique and examination of laws from both a jurisprudential and legal perspective.
Structure of the work:
The book is divided into six chapters. In the first chapter, titled “Terminology, Foundations of Responsibility, and the Evolution of Legislation in Iran,” the author explains the terminology and phrases related to traffic offenses (including jurisprudential, legal, and technical terms). The foundations of responsibility in traffic offenses (legal theories of negligence, risk, and jurisprudential foundations of causation and loss) are examined, along with the evolution of legislation in Iran before and after the revolution.
In the second chapter, titled “Subject Analysis of Crimes against Bodily Integrity Resulting from Driving: Criteria and Types of Crime,” the author investigates intentional and non-intentional murder and injury offenses resulting from driving, and examines the compatibility of criteria with injuries and homicides caused by driving (based on rules such as the involvement of negligence in the nature of crimes, the influence of legislative will, and compatibility in terms of guaranteeing lives).