نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق جزا و جرم شناسی دانشگاه مازندران
2 استاد گروه حقوق دانشکده حقوق و علوم سیاسی دانشگاه مازندران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Criminalization of an certain act is based on principles that justify criminal interference in the freedom of actions. Besides complete crimes, other crimes that are carried out with the intent to commit a specific complete crime, but due to the intervention of involuntary factors, remain ineffective, are also implied as a crime. These types of acts are known as “inconclusive criminal acts,” and their instances in Iranian criminal law include attempt, failed crime, and impossible crime. The crime subject to Article 122 of the Islamic Penal Code of Iran (2013) and its subsequent notes are in accordance with the mentioned criminal cases. Realization of the mentioned acts threatens others’ rights and disrupts the public order and security in addition to revealing the dangerous state of the offender, and is considered contrary to the conventional morality of society. The criminalization of these acts can be justified by relying on different principles governing the concept of criminalization in the conventional criminal law, such as harm principle, preventive criminal justice, dangerous state of the offender, and in the Islamic criminal law, based on the rules of ta’zir (Discretionary Punishment), is justified by preliminary unlawfulness (Haram) and disobedience.
کلیدواژهها [English]
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