A reflection on the viewpoints regarding the nature of incomplete crime

Document Type : Original Article

Authors

1 PhD student in Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran

2 Law, Law and Theology, Islamic Azad University, Najafabad Branch, Najafabad, Iran

3 Assistant Professor of Criminal Law and Criminology, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran

Abstract

Incomplete or incomplete crimes are crimes in which the perpetrator, with criminal intent, uses all his efforts to commit a crime, but due to reasons beyond his will, the intended crime does not materialize. These crimes are dangerous and threaten public order. It has forced different rights to interfere and criminalize. Incomplete crimes are one of the most important manifestations of criminalization, examples of which in Iran include initiation of crime, sterile crime, and impossible crime, and in England, in addition to the mentioned cases, incitement and collusion are also examples, in this regard, lack of Relatively specific criteria that determine the limits and loopholes of incomplete crimes that have made it difficult to identify and separate the aforementioned crimes, the necessity and importance of addressing this issue is because it helps the flow of justice on the one hand and the standards of fair proceedings on the other hand. thus, the current research with descriptive-analytical method tries to answer the question, what views are there regarding the nature of incomplete crime?

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