An Investigation into the Rule of Action in the Penal System

  •  Sahar Zadnahal    
  •  Iraj Goldozian    


According to definite jurisprudential principles and rules, when a person acts against himself and accepts the incurrence of damage, he will be deprived of all or some part of the claim for compensation. The rule of action constitutes the basis of this lack of benefit in Islamic and Iran’s law, while the principles of consent and participation in the fault underlie it in the common law. Studying research studies conducted in relation to the rule of action in Iran and Britain’s law it could be argued that the rule of action is among the cases discussed in criminal law and on the issue of causality in punishment. On the other hand, in criminal proceedings, in Iranian and British legal systems, this issue has been mostly discussed regarding the aspects of imposing damage and calculation of costs thereof. Therefore, if someone is acting to the detriment of himself and is causing damage to himself, in addition to the issue of liability removal, in which the accused may be acquitted from his responsibility, there is no need for the accused person to pay compensation to the injured person.

This work is licensed under a Creative Commons Attribution 4.0 License.