Analysis of Jurisprudence - Legal of Compulsion and Duress in Adultery

  •  Mahmoud Haeri    


Criminal responsibility is communicative ring and bridge of two important institutions of criminal law, crime and punishment and therefore is one of the most important issues of criminal law.
On the other hand, one of the conditions of obligation and criminal responsibilities is authority and freedom of action that a person could be required to preserve and respect for life, property and dignity of the people that in the actions is autonomous and free.
Although our legislator is considered to this issue in discretionary (Tazir) punishments crimes and life retribution explicitly and in the Haddi crimes are pointed to the lack of coercive responsibility, however, coercive criminal responsibility isn't specified in all instances of mentioned crimes, while in the discretionary (Tazir) punishments crimes, coercion is spiritual steward and is responsible for criminal responsibility due to the force committed crime and in the crime led to the death, in some cases crime is attributable to the duress, in the crimes included Hadd, coercing isn't considered spiritual steward.
In this paper, the mentioned issue is discussed in terms of legal and regulatory concerning the crime of adultery.

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