University of Guilan (with the participation of the Iranian Association of Penal Law) Criminal Law Research 2322-2328 15 2 2024 12 21 A New Analysis of the Substantive Difference "Ezterar" and "Zarurat" (Necessity) under Jurisprudence and Iranian Criminal Law A New Analysis of the Substantive Difference "Ezterar" and "Zarurat" (Necessity) under Jurisprudence and Iranian Criminal Law 111 126 7928 10.22124/jol.2024.26789.2456 FA Sayed Mohsen Ghaemfard Assistant Professor, Department of Criminal Law and Criminology, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran Jalaledin Ghiasi Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom. Iran. Fatemeh Mohseni Master of criminal law and criminology, University of Isfahan, Isfahan, Iran. Journal Article 2024 02 28 "Ezterar" and "Zarurat" have always been under the one title of the excuses of criminal liability in during the Iranian legislation. Some authors have distinguished only in terms of origin, but have considered them the same in substance and in terms of rulings and effects. While "Ezterar" and "Zarurat" have common aspects, the results of this research show that considering them the same is an unfair perception. "Ezterar" is unique to "personal needs", in terms of obligatory ruling, it is permissible in principle and while removing criminal liability, the civil liability remains. "Zarurat" includes cases "other than personal needs", obligatory and guarantee rulings are completely different. In this work, which was carried out using a descriptive-analytical method and library resource and face-to-face interviews with several jurists, while examining the jurisprudential issues, the current approach of the criminal legislator is explained by citation to article 152 of the Islamic Penal Code 2013 and legislative proposals have been presented. "Ezterar" and "Zarurat" have always been under the one title of the excuses of criminal liability in during the Iranian legislation. Some authors have distinguished only in terms of origin, but have considered them the same in substance and in terms of rulings and effects. While "Ezterar" and "Zarurat" have common aspects, the results of this research show that considering them the same is an unfair perception. "Ezterar" is unique to "personal needs", in terms of obligatory ruling, it is permissible in principle and while removing criminal liability, the civil liability remains. "Zarurat" includes cases "other than personal needs", obligatory and guarantee rulings are completely different. In this work, which was carried out using a descriptive-analytical method and library resource and face-to-face interviews with several jurists, while examining the jurisprudential issues, the current approach of the criminal legislator is explained by citation to article 152 of the Islamic Penal Code 2013 and legislative proposals have been presented. https://jol.guilan.ac.ir/article_7928_b9437a7157fdfd3c12921201c5cacac0.pdf