عنوان مقاله [English]
نویسندگان [English]چکیده [English]
The bill of Islamic punishment on the threshold of being enacted, in contrast with the current law, has formally recognized Incomplete offences except Attempt which is not an innovation, It is rather legislator return to the general punishment law of 1352 which had recognized impossible crime as equal to” Tantamount to attempt” and failed crime has implicitly placed instead of “Attempt”.
This bill, through clear acceptance of not voluntarily withdrawal as a condition for Attempt, has removed ambiguity of the current law and has considered Attempt as a principle virtually in all crimes. Moreover, to follow the law of regarding Islamic punishment of 1361, whenever an action bearing the features of Attempt is identical to another criminal act, only the punishment of the special crime will be applied.
This whole innovation is generally a new approach to incomplete offences. However, this bill has some limitations like being not clear acceptance of the general title of incomplete offences, failed crime interim of Attempt, non- mitigation for the people whose deeds, in addition to being an Attempt, is identical to a specific crime and has voluntarily withdrawn criminal acts.