Social Supervision in Islam
Subject Areas : All jurisprudential issues
Hadi
Mirzaei Barzi
1
(دانش آموخته دکتری دانشگاه آزاد اسلامی، واحد علوم و تحقیقات،
رشتهی حقوق کیفری و جرم شناسی، تهران، ایران)
Keywords: Inchoate Offense, Impossible Crime, Attempt, Commence the Execution, Impossibility of Target Crime,
Abstract :
Impossible crime is an inchoate offence which the occurrence of result is impossible because of absence of matter or absence of necessary legal conditions or using inadequate equipment and results to non-existence of target crime. Occurrence of impossible crime shows mens rea of perpetrators of it and these perpetrators does not have less criminal mind than the people who commit the complete crime. Although, the original crime doesn't happen, it's obvious that the perpetrators haven't obeyed the law. Impossible crime is a crime which has been considered in Iran Law and has amounted to different decisions. Criminal Code 1370 provoked the conflict and most of jurists believe that the Law doesn't mention the impossible crime. But the criminal Law 1392 under the title of attempt finishes the conflicts. Although, this is not considered as an invention this statute because the mentioned Article, with little difference, is a comeback to Criminal Law 1352. Entrance to execution operations and impossibility of target crime are actus reus of the impossible crime. Contrary to the most of jurists view, in this crime there is no need to finish the executive operations and it can be stopped in the half way. In accordance to Iran Law, and not in England Law, the impossible crime in crimes which there actus reus is an omission can be occurred. Moreover, essential of occurrence of an impossible crime is existence of intention. About punishing or not punishing the perpetrator of an impossible crime different views are taken. However, the mention countries Law believe in punishing the perpetrator of an impossible crime. It is necessary to be considered that the punishment should be diminished to complete crime, and due to this in Iran Law an impossible crime is tantamount to an attempt and it is punishment is less than a complete crime. English Law also considered the impossible crime as an attempt but the punishments are the same. However, in all two countries Law it is necessary that the attempt be punishable in order to punish the impossible crime.
