Volume 18, Issue 61 (Spring 2013)                   __Judicial Law Views __2012__, 18(__59__): __22456 | Back to browse issues page

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Agheinia H, Mirzaee Barzi H. The Essence of Inchoate Offences. دیدگاه‌های حقوقی. 2013; 18 (61) :33-56
URL: http://jlviews.ujsas.ac.ir/article-1-137-en.html
1- Tehran University , h_aghaienia@yahoo.com
2- Science and Research Branch, Islamic Azad University of Tehran
Abstract:   (24500 Views)

  Crime which forms the nature of criminal law is congregate of actus Reus and mens rea (in most crimes) and it is crucial that law consider the conduct criminal. In other words occurrence of criminal conduct with mens rea (except strict liability) and also occurrence of wanted result amounts to completed crime. But we are not always encountered with completed crime and sometimes conducts are committed which are not considered as a completed crime although these conduct were committed with criminal intent, target crime has not occurred.

  Though inchoate offences are so important due to stifling the crime and criminal policy in order to preventing the occurrence of crime or inflicting a direct harm it is not defined in Iranian criminal law and its framework and features are not determined. This article tries to define inchoate offences and consider criminalization bases and features and elements and types of inchoate offences.

  It's crucial to mention that distinguishing inchoate offences from completed crime leads us to understand how criminal law can control persons conduct in other words we can find out when criminal law can be used in order to prevent unlawful conducts.

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Type of Study: Research | Subject: Pivate Law
Received: 2013/06/11 | Revised: 2019/02/12 | Accepted: 2013/06/11 | Published: 2013/06/11 | ePublished: 2013/06/11

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