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
As the legislator provides in Article 655 of the Ta'zir Code of 1375, the attempt to commit a Taiziri theft in articles 651 to 654 of the same Code is punishable by certain sentences. Also, pursuant to Article 122 of the Islamic Penal Code of 1392, a person who attempts to commit a crime and does not leave it voluntarily while the commission of the intended main offense is suspended by an act outside his will is still punishable in the manner provided in the latter article. It appears that the legislator, by ratifying Article 122 of Islamic Penal Code of 1392, implicitly repealed Article 655 of Ta'zir Code of 1375, and has provided a criterion for attempt to commit a theft crime in respect of all matters related to Ta'zir theft. In the meantime, the impossible offense is also considered to have the effects of the attempt to commit the crime in Article 122 of the aforementioned Code which we explain along with the inchoate offence considering the term of "legal presumption". In practice, there are also cases in judicial proceedings that are not easily applicable to the above Articles, resulting in numerous readings and interpretations of judges and also reference to related criminal titles.
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