Feasibility the Intellect Retribution with Emphasis on Crimes Leading to Vegetative State

Author(s): Qurbanali Hadi, Javad Habibitabar, Hamid Sadighi akha

Institution: Al-Mustafa International University, Iran

Category: Articlle, Crime, Criminal, Criminal Law, Intellect, IJMMU

Topics: Vegetative state, Retribution, Penal jurisprudence, Destruction of intellect, Brain damage

Abstract: According to some jurisprudential and legal texts, the intellect of felon is not punished with retribution in intentional crimes against the brain and intellect destruction lead to Vegetative state, due to reasons such as indeterminacy the place of intellect and causing physical harm more than the crime of the offender. Nowadays, with the advancement of medical sciences, artificial intelligence, and the development of jurisprudential and legal knowledge in recognizing the location of the intellect and understanding the verdict of the crime of destroying the intellect leading to vegetative state, independent research has not been done, therefore it is necessary to conduct a coherent research. This research conducted aims to examine the possibility of retribution of intellect in crimes leading to vegetative state, through an analytical and library method, referring to sources such as verses, narrations, medical, jurisprudential, legal texts, and rational principles. The findings showed that the location of many benefits (body functions) including the intellect is in the brain, specifically in the frontal lobe. Any damage to areas of the brain, such as the lobes and cortex, results in the loss of body benefits such as intellect, sensory perception, and movement abilities, leading to vegetative state. This result was obtained that the verdict of Intellect retribution (Qisas-e Aql) could be proven based on the mentioned sources, but its implementation faces serious challenges. In such cases, the felon should be obligated to treatment destroyed intellect and other lost benefits of the victim. If recovery is not possible, the Felon should be condemned to compensate all damages to the victim in the form of blood money, compensation and like that.

Article can be downloaded >> Feasibility the Intellect Retribution with Emphasis on Crimes Leading to Vegetative State