The position of the psychological pillar and criminal responsibility

Fatima Mohammadi¹ Ibrahim Mohammadi² Maryam Zarinia³

1) Master s student in criminal law and criminology, Islamic Azad University, Mashhad branch
2) Bachelor of civil engineering student of Bojnord State University
3) A master s student in educational research at Kish International University and a public school elementary teacher

IOI Code : XHFB-AZCHBF
Publication : 3rd.International Congress on Management, Economy, Humanities and Business Development(3icmba.ir)
Abstract :
    Crime is the most basic and the first pillar of the 4 pillars (crime - criminal - performance guarantee and victim) of criminal law. In all the national and international laws, the most important duty of the criminals is to include its components and elements in a comprehensive manner. The psychological element or the spiritual element, which is mentioned as one of the main components of the crime in many schools of criminal law, the basic ambiguity is whether the crime has two elements (legal and material) or three elements (legal, material and spiritual). * Where is the relationship between the psychological element and criminal responsibility in explaining and defining the crime? * Is criminal responsibility the same psychological element or is criminal responsibility subordinate to criminality؟Criminal responsibility should be composed of criminality (committing behavior prohibited by law) and documentability (meeting the conditions of perfection while committing a crime). According to Karl Menninger, our worst crime is ignorance of the concept of crime. The codified and modern version of the definition of crime goes back to the school of Bekaria and his co-thinkers, who declared one of the strong principles of criminal law as prohibited and punishable behaviors, the same principle that today is called the principle of legality of crime and punishment, and the principle of the Iranian Constitution

Keywords : crime criminal law psychological component