Volume 18, Issue 64 (Winter 2014)                   __Judicial Law Views __2012__, 18(__59__): __22460 | Back to browse issues page

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Elham G H, Samiee Zonooz H. Criminal Conspiracy against People’s Properties, Reputation and Bodies. دیدگاه‌های حقوقی. 2014; 18 (64) :27-60
URL: http://jlviews.ujsas.ac.ir/article-1-359-en.html
1- Tehran University , info@elham.ir
2- Tarbiat Modarres University
Abstract:   (35099 Views)

  Criminal conspiracy has been criminalized in different legal systems. Conspiracy is an Accessory Offence.

  Accessory Offences like Carrying of forbidden weapons or tramping are behaviors that don’t contain immediate and direct harm. But they show the dangerous mood in the preprators and increase the probability of committing serious crimes in the future. These reasons justify the criminalization of accessory offences in order to prevention of crimes in future and providing the social defence.

  But creating the wide spread of accessory offences, limits the human liberties unduly and causes criminal inflation. also negative effects of criminal inflation is not hidden for anybody. Therefore legislator should criminalized conspiracy for committing serious crimes. Unfortunately the Iran’s legislator has ignored this note and criminlised the conspiracy for commiting the all crimes against properties, reputation and bodies. Also some of these conspiracies contain more severe punishment than the main crimes that encourages the conspirators to commit the main crimes.

  Then reviewing the legislative and judicial policy in Iran’s criminal law due to limiting the domain of criminalization in section 611 of Iran’s Islamic penal code is necessary and unavoidable.

  Elements of Criminal Conspiracy in section 611 of Iran’s Islamic Penal Code, differences and similarities between Conspiracy and attempt ,abbeting, repeating of Conspiracy, Conditional Agreement in Conspiracy, Attemting of Conspiracy, all of them have ambiguities that need complete analysis.

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Type of Study: Revision & Collection | Subject: Pivate Law
Received: 2014/05/25 | Revised: 2019/02/12 | Accepted: 2014/05/25 | Published: 2014/05/25 | ePublished: 2014/05/25

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