The intention and will to commit a crime is one of the topics of debate and disagreement in criminal jurisprudence. Based on this, the purpose of this article is to examine this important question, what is the intention and will to commit a crime compared to committing a sin in criminal jurisprudence and what is the approach of criminal jurisprudence in this regard? This article is theoretical and has investigated the mentioned question using descriptive analytical method and library. The findings indicate that the intention to commit a crime is not punishable. The intention to commit a crime in Islamic punishment is because it is not punished at the stage of actualization according to the opinion of most jurists and jurists, because punishment is assigned to action. Iran's Islamic Penal Code has also followed the same principle and has not provided punishment for the intent to commit a crime. Between crime and sin in criminal jurisprudence, there is a relationship between the public and the private. This means that it can be said that some sins are crimes, such as adultery. Some sins are not crimes, such as lying and backbiting. Some crimes are sins. Like: Drinking wine. At the same time, some crimes are not sins. Such as: Purely wrongful crimes. The result is that religious teachings are beyond the laws of human subjects and the ruler and judge is God and His justice, as well as the power of conscience, which is created by God and acts as an inner court.