Abstract

Leaving the action and its jurisdiction in the realization of crimes bound by the result has long been the place of discussion and various opinions by writers and experts. In this article, it was tried to explore the philosophical foundations of the problem based on a comparative view. As the research shows, the theory of criminality in the restricted crimes is based on the rule of cause and effect, and the understanding that omission is absence and absence cannot be an external realization is the difference in accepting or rejecting responsibility for omission. , ended and finally caused, including in Article 295 of the lawThe Islamic punishment approved in 2012, driven by morality and social expediency, only in exceptional circumstances and despite certain conditions, the perpetrator should be considered responsible for illegal consequences. Therefore, this article investigates the problem with a descriptive-analytical method, collecting information in a library method and with a comparative view, and finally it comes to the conclusion that the ruling on the responsibility of leaving the verb is an illegal and discretionary-exceptional ruling that should be The certain amount of cases should be limited and in these cases, the availability of special conditions should be verified. At the same time, a change in the style of writing and compiling legal materials is also seen as necessary.