Research article

JURISPRUDENTIAL AND LEGAL STUDY OF RELUCTANCE CAUSED BY FINANCIAL THREATS

Reza faani

Online First: December 22, 2022


Although the offender's discretion in committing a crime is often considered as an essential component in determining criminal responsibility, the concept of will is usually vague and mixed with ambiguity, so that sometimes instead of will and intention, consent is expressed. One of the things that limits discretion is the category of reluctance which by examining the reluctance and necessity in performing or abandoning an action in terms of the reaction of the person at risk in terms of the degree of risk according to the criteria of a type governing the society as well as personal criteria regarding individual characteristics as well as the type of interest that according to the definitions and concepts of wealth And the property of oneself and the people close to that person in committing crimes that are subject to ta'zir in this article in terms of the justified causes of the crime, or exempting the criminal responsibility, or the non-commitment of the crime in terms of reluctance from the jurisprudential and legal aspects. It has been discussed in order to examine its jurisprudential and legal challenges.

Keywords

reluctance, wealth, jurisprudence, rights, law