Mohammad Hassan Javadi1, Reza Nikkhah2, Syed Aziz Syed Valilu3
Principally criminal responsibility is based on human's free will, judgment and intellection and any condition that causes limit or undermine the person's will or sense of discernment, it will affect his responsibility. Man performs his actions based on conscious and free choice in normal circumstances; it is assumed that at least the person first thinks, then chooses to do or leave the act with free will But sometimes based on the stimulus arrived, a situation arises in person that he loses power to control the actions and behavior in the form of absolute terms or relative and does things that if he was in the normal circumstances, he would never commit. Essentially intention is not going away in a state of arousal and lack of control over behavior and there are both general and specific intent, intellection and diagnostics as well - except in exceptional cases where the intensity of stimulation is enough to bring that person into madness disease - remains. But motivation is the realm in which the free will of the individual and his ability to control his behavior is limited and thus element of choice undermines andthis would undermine the criminal responsibility.
The historical development conditions of current contemporary Penal Code of states depending on political, economic and social events has provided the rapid and deep-rooted changes field, these changes are important factors not only in temporary Penal Code of administration, but also in the essential evolution of the legal system of the state. These fundamental changes can be carried out together as a result of the formal achievements of some of the neighbors and the exchange of experience and the government occasions. Obviously neighborhood of Azerbaijan and the Islamic Republic of Iran is not to be calculated for years but centuries. There are many factors that make the two states closer together. Due to its close culture and even being uniform between the two countries, Azerbaijan and Iran already has the legal relationships.
In this article, based on library form collectedwe try to be familiar with the Penal Code of Azerbaijan and the Islamic Republic of Iran and the views of the two legislators in the murders that occurred under the influence of extreme mental stimulation and there is a fundamental question in this article how much does the impact of intense psychological emotions on first-degree murder in the legal system of these two countries mentioned above cause commutation of the sentence?
