Analysis of the Psychological Element of the Crime in Article 290 of the Islamic Penal Code

Abstract

One of the main elements of intentional homicide is the spiritual or psychological element. In fact, the separation of intentional and non-intentional murder is in their spiritual element, which has different components such as Ahmad's general malice in behavior with the intention of the act and Ahmad's specific malice in the result with the intention of the result. While explaining the spiritual element of intentional homicide, knowledge and will as the most important and mirror elements of the spiritual element of intentional homicide, as well as the place and role of knowledge and will in the realization of intentional homicide and its various divisions, are analyzed. The article concludes that the Islamic Penal Code approved in 2013 has some innovations compared to previous laws, but it still faces shortcomings and the need to pay attention to the abandonment of the act in intentional homicide, specifying the intent of the act committed against the victim as a free person. Intentionality in the crime, the need to pay attention to the intentionality of the perpetrator's behavior in the crime of intentional homicide, as well as the need to distinguish between premeditated murder and premeditated murder, are among the issues that should be considered