Document Type : Original Article
Authors
1
PhD student in Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2
Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
3
Assistant Professor of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
Abstract
From a purely subjective point of view, it can be acknowledged that any action that the offender takes to achieve his intended crime, but for whatever reason does not lead to a total crime, will be punishable under the heading of incomplete crime. Such a view would lead to the unlimited spread of imperfect crimes, which would lead to the restriction of individual rights and freedoms. For this reason, legal systems have limited imperfect crimes to actions that are very close to the full crime, or in other words, to the execution of the crime. These measures include only the initiation of a crime, a sterile crime and an impossible crime. In Iranian criminal law, the instances of imperfect crime are commencement of crime, sterile crime, and impossible crime. In the common law system, in addition to the above-mentioned cases, incitement and collusion are also considered as unfinished crimes. In these crimes, despite the fact that the perpetrator intends to commit a crime and penetrates into its executive operation, the crime he wants will not be realized. Each of the examples of the mentioned crimes has its own characteristics and effects
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