List of Articles تحقق جرم

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  1 - Social Supervision in Islam
  Hadi Mirzaei Barzi
  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 me More

  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.   Manuscript profile
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  2 - Legal Analysis of the Time`s Role in Occurrence of a Crime, Determining a Penalty and its Execution
  Yavar Jalaeyan Saleh Mehdi momeni Ali Reza Sabrian Mohammad Rouhani Moghadam
  10.22034/ijrj.2021.682411
  This present paper has been written for the purposes of  knowledge and evaluating the importance of the time`s role in committing a crime according to the legal view point;  its data is collected by documentations method,  and its data analysis is used wi More

  This present paper has been written for the purposes of  knowledge and evaluating the importance of the time`s role in committing a crime according to the legal view point;  its data is collected by documentations method,  and its data analysis is used with descriptive-analytical way. While examining the points of strength and weakness of the existing criminal statutes on the subject matter, it will be tried in  this research to discuss the area of the concept of time requirements, its effect on the validity of penal code, lapse of time, analysis of  relationship between time and criminal liability, the influence of time element on the punishment process and manner of adaptation a punishment to the time requirements, finally considering the relationship of time with some causes of punishment abolition. The results of this study states that the phenomenon of time and its requirements play a part, sometimes as a causative or procuring factor of a crime from a criminological perspective, and  occasionally, its role is as a condition for the realization of the physical element of the crime, mitigating or aggravation of criminal liability and the factors of commutating, modifying, suspending or delaying  the punishment from the criminal perspective. Manuscript profile