Committing the Crime and Its Innovations in the Islamic Penal Code 2013

Masjedi Arani, Meysam

doi:10.48309/ijashss.2025.534543.1255

Committing the Crime and Its Innovations in the Islamic Penal Code 2013

Document Type : Original Article

Author

Meysam Masjedi Arani

PhD student in Law, Criminal Justice and Criminology, Islamic Azad University, North Tehran Branch, Tehran, Iran

https://doi.org/10.48309/ijashss.2025.534543.1255

Abstract

The discussion of criminal commission is not a novel legal category, having been thoroughly examined in juridical literature and legal commentaries. However, the enactment of the 2012 Penal Law introduced new dimensions to this established discourse. Therefore, changes have been made in the field of the regulations of starting a crime, citing sources library and using analytical and descriptive methods to examine this legal institution and its innovations, damages, conflicts and dynamics and efficiency, obstacles and problems of this law, as a result of the evolution in the concept of starting a crime, criminalizing sterile acts, and the impossibility and criminalization of all acts of committing a crime are among the innovations of this law, and the ambiguity in the punishment for committing certain crimes, the lack of proportionality in the punishments for committing a crime, silence regarding the initiation of certain crimes are among the harms of this law. The new law, from its inception, omitted any definition of crime itself and focused solely on establishing its criminalization. Another advantage of this law is that it considers "involuntary withdrawal" as one of the conditions for the initiation of a crime. Another significant advantage is the explicit recognition of 'criminal attempt' as an offense, which resolves longstanding ambiguities in our legal framework. Furthermore, the law now establishes that attempt liability applies to crimes carrying punitive and deterrent punishments, provided such liability is expressly stipulated in the statutory provisions.

Keywords

Starting to Commit a Crime

Committing a Crime

and Innovations in Penal Law

Impossible Crime

Sterile Crime

Subjects

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