Authors : Kioumars Kalantari and Ramezan Abdi
Abstract: In some of the legal systems, impossible crime is discussed and recognized as a crime independently of attempt and others consider it under the crime of attempt. Explaining the process of committing a crime and the necessary conditions for the realization of the impossible crime is effective inclearing the approach of Iran’s criminal law system toward sit. The impossibility of crime’s perpetration at the moment (begin to commit a crime) is considered as one of the most prominent conditions of the realization of the impossible crime. In the Legislative Penal Policy of Iran, there is no explicit approach towards the impossible crime. However, in the note of Article 123 of the Islamic Penal law enacted on 1392, the criminalization action entitled “Tantamount to an Attempt” (has been criminalized that is unprecedented in previous criminal laws (except the Penal Code 1352). In this study, we have used library and analytical-descriptive method and in addition to providing the realization of the impossible crime and analysis of the criminal laws texts of Iran and lawyer’s opinions, we have considered the position of this crime in Iran’s criminal laws, researches in this study have shown, the content of the aforementioned note is essentially in accordance with the impossible crime.
Kioumars Kalantari and Ramezan Abdi, 2018. Analyzing the Provisions of the Realization and Identification of Impossible Crime in the Legal System of Iran (With Emphasis on the Islamic Penal Code 2013). The Social Sciences, 13: 792-797.