نوع مقاله : مقاله علمی - پژوهشی
نویسنده
گروه حقوق، دانشکده علوم انسانی، دانشگاه بوعلی سینا
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Brainwashing, a term that first was applied to describe the bizarre change in the attitude of PoWs, immediately gained popularity in science fiction stories. However, some real cases proved that such eccentric change in character is possible. The findings in neurology and psychology, experiments like Millgram and Stanford prison, along with the idea of Authoritarian Personality and the destructive schema of obedience and finally providing the brainwashing concept in DSM under the title of Dissociative Disorder not otherwise Specified (OSDD) demonstrated this phenomenon scientifically. Accordingly, jurists proposed an independent new defense under titles of Brainwashing, Rotten Social Background and Coercive Indoctrination. Even though the proposed brainwashing defense by Delgado received many critics by Dressler, eventually the Model Penal Code accepted the coercive persuasion under the situational duress. Although in the Iranian legal system there is no such title of brainwashing, it is closely related with general titles of stronger causality, duress, insanity and superior orders. As a specific defense it has been provided in article 596 and repeated article 500 of Ta’zirat part of the Islamic Penal Code. However, neither the general, nor the specific articles were meant to define brainwashing and adducing them in order to excuse someone who has been brainwashed of criminal responsibility would be problematic.
کلیدواژهها [English]
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