The Mens rea of murder in Iranian law , by
following of Imamie Jurisprudence , is declared in three
sections in the article 206 of Islamic penal code. Section "A" of
the article 206 stipulates the absolute murder. for absolute
murder , the murderer must be deliberate in both act and result.
according to this section , the accomplishment of the murder , is
depend on " intention to kill Some definite one or indefinite
individual or individuals of a group". it seems that "
definite" in this section means determination in targeting but
in identity; because in addition that " indefinite individual or
individuals of a group" implies, the section "A" of article
295 and article 296 of Islamic penal code also support this
idea; so, by rule, only mistake in targeting may causes exclusion
of being murder; but judicial procedure of Iran holds also that
mistaking in identity causes exclusion of being murder.
In sections "B" and "C" of article 206 Of Islamic
penal code, committing a fatal act against victim sets in place
of the offenderُs determinent malice and is regarded as Mens
rea of murder.
The Mens rea of murder in English law is similar
to that in Iranian law; because "Malice aforethought" which inquires
"intent to kill" and "intent to impose serious physical harm"
constitutes the Mens rea of murder.
Considering to the condition of determination
of the killed in article 206 of Islamic penal code and
considering to article 296 of the same code, as well as current
judicial procedure of Iran, it may be suggested that mistaking
in intention ( whether person or identity) causes that commission
is regarded Manslaughter, not murder; whereas in English law by
applying the " Transfered malice" rule and some other conditions,
the commission is regarded murder