Analysis of the Crime of Transporting, Importing, Producing and Supplying Some Types of Cold Weapon

Document Type : Technical-Scientific

Authors

1 Assistant Professor at University of Judicial Sciences and Administrative Services

2 PhD in Criminal Law and Criminology of Science and Research Branch of Islamic Azad University

Abstract

Among the common anomalies that law enforcement and judicial authorities deal with are the discovery of some types of cold weapon by someone. In the single article of the law approved in 1396, based on the annexation of two notes to Article 617 of the Penal Code ـ taziratـ of 1375, the Iranian legislator carried some cold weapons if they were carried out for the purpose of conflict and assault; It has also criminalized the import, production and supply of weapons under this regulation. The purpose of this study is to investigate some important aspects of this issue. The crime is an absolute, total and material crime. In this regulation, only real weapons are considered and not fake weapons; The examples of weapons in the above regulation are exclusive and not allegorical; The production and supply of some cold weapons in some cities as handicrafts is not a crime, but it is necessary to impose some legal restrictions in this regard. Determining the competent authority to investigate the crime in question, given the difference in this issue, is another finding of this research. Legal action through criminalization of these behaviors is a necessary and relatively deterrent condition, not a sufficient condition and a fundamental factor in the prevention and treatment of the aboveـmentioned abnormalities; Therefore, it must first be in the field of norms; Then, in the field of nonـlegislation, such as appropriate measures through guilds and restricting the producers of some cold steel weapons in the form of handicrafts; Finally, it took appropriate action through legislation, especially criminal law.

Keywords