Zamen Ali Habibi
In jurisprudence and criminal law one of the issues to be considered is the
issue of citing a crime as appropriate and not obstruction. Especially in
cases where multiple causes and motives are involved in the realization of a
criminal outcome.
in this paper, the issue of citing appropriateness and non-obstruction in a
text-based descriptive-analytical method has been examined. If the criminal
act of the accused causes injury or other injuries such as transmission of
coronavirus but the defendant does not prevent the development of the
effects of the victim's act so that the restraint and refusal of the defendant
along with the defendant's behavior leads to the victim's death, is the crime
properly documented or not?
Those who have a customary view on the issue of citation believe that the
criterion in citing truth is customary and rational, it does not matter if it is
appropriate or the fact that the crime is not prevented is documented in it.
But those who have a philosophical view on the issue of citation only
document the crime appropriately and believe that not preventing the
abandonment of an act and an inertia. Non-existence cannot be the source of
existential matter.
It seems that criminal liability is based on citation, but the criterion for
citation in a crime is customary and rational truth. It does not matter if the
citation is appropriate or not.