Document Type : Original Article
Authors
1
PhD student, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2
Associate Professor, Department of Law, University of Law Sciences, Tehran, Iran
3
Assistant Professor, Department of Law, Criminal and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
Purpose: In the legal system of Iran, England, America and France, mental injuries are recognized as a part of spiritual injuries. While the concept and scope of these two damages are separate from each other. As a result, the repair solutions for these two must be different. The purpose of this research is to compare the solutions for repairing mental injuries caused by crime in the laws of Iran with a comparative study with the legal systems of the United States of America, England and France.
Materials and methods: The current research is a qualitative research with a comparative approach, which is in terms of practical goals and in terms of documentary and library research tools. The collected information includes legal-criminal laws and the laws of Iran, France, England and America; which have been analyzed.
Findings: Based on the research findings in Iranian law, psychological injuries are not separated from spiritual injuries. In Iranian law, the concept and examples of psychological injuries are not discussed. In France, psychological injuries are injuries that affect the interests of others. Financial and non-hereditary comes in. In England, only injuries that are known as illnesses in psychology can be claimed. In America, psychological trauma is emotional trauma or mental disorder.
Conclusion: In Iran and France, methods of apology, inclusion of judgment in newspapers and payment of compensation are adopted in repairing mental injuries. In America, compensation is paid up to a certain limit with the intervention of the jury. In England, apologies and compensation can be demanded under certain conditions by the direct victims of the crime.
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