Criminal Analysis of Making or Providing Means for Commitment of Crime under Iran Penal Law

Document Type : Technical-Scientific

Authors

1 Assistant Professor at University of Judicial Sciences and Administrative Services

2 Ph.d in Criminal Law and Criminology of Science and Research Branch of Islamic Azad University

Abstract

Article 664 of the Twenty-first Chapter of the Tazirat Act of 1996 for theft and theft of unauthorized property stipulates that whoever intentionally constructs or modifies a key to commit a crime, or makes any means of committing a crime, or fails to do so shall be punished by the penalties provided for in that article. There are a number of questions raised in this context, at least some of which have not been adequately explained and answered in the discourse of Iranian law and academics, including Does the article merely refer to the crime of robbery or the crime in general? Is it a condition for the offender to use the device? Does anyone mean a third party, or a perpetrator who intended to commit a crime and who made the device, or does it include both? Is this crime an absolute crime or a conditional crime? Is it a complete crime or an incomplete one? Is it a mere material crime or should its psychological component be verified by the investigating judge? The purpose of this article is to provide a judicial description of the making or preparation of such criminal offense and to provide an analytical answer to these questions based on Iran penal law with a systematic look at the relevant legal theories and judicial practice, and in cases where we do not have proper analysis or information in such sources, we provide our analytical opinion based on our own judicial experience and analysis.

Keywords

Judgment
Volume 18, Issue 96
March 2019
Pages 133-147

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History

  • Receive Date: 19 October 2018
  • Revise Date: 07 November 2018
  • Accept Date: 17 December 2018

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