A Comparative Study of the Effect of Artificial Sleep and Narcotic Drugs on the Classification of Homicide (Intentional, Semi-Intentional, and Pure Error)

Abstract

The present study comparatively examines the impact of artificial sleep (hypnosis) and the use of narcotic drugs on the legal classification of homicide (intentional, semi-intentional, and pure error) within the Iranian criminal justice system. The significance of this research lies in the fact that both conditions—by disrupting an individual’s consciousness and will—can alter the legal characterization of a homicide offense. Given the sensitivity of homicide in Iran’s legal and jurisprudential framework and its close association with criminal justice, it is essential to analyze the psychological, neurological, and legal dimensions of these phenomena. This study employs a descriptive–analytical and comparative approach. Data were collected through a comprehensive review of jurisprudential sources, Iranian criminal law (particularly Articles 153 and 290 of the Islamic Penal Code), and findings from neuroscience and psychology. The results indicate that both hypnosis and narcotic substances lead to a reduction in the level of consciousness and a partial or complete dissolution of free will. In hypnosis, due to the involuntary nature of suggestion and the absence of independent intent, Article 153 of the Islamic Penal Code can be invoked to grant full exemption from criminal responsibility. However, in the case of narcotic substances, because their consumption is typically voluntary, criminal liability generally remains intact. Nevertheless, in certain circumstances—such as severe intoxication or drug-induced hallucination—the classification of homicide may shift to semi-intentional or pure error. The fundamental distinction is that artificial sleep possesses a scientific–therapeutic dimension, whereas drug use is intertwined with broad social consequences, including addiction and criminal behavior. The findings suggest that Iranian criminal law adopts a more flexible stance toward hypnosis while maintaining a strict policy toward narcotic substances. This contrast reflects the legislator’s effort to balance the preservation of public order with the pursuit of criminal justice. Conducting such studies can contribute to enriching the literature of criminal law and enhancing judicial practice.