نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش آموخته کارشناسی ارشد حقوق جزا و جرمشناسی دانشگاه گیلان
2 استادیار گروه حقوق دانشگاه گیلان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The commencement of a crime is a situation in which the offender, despite the decision to commit a criminal act preparation and entering the implementation stage, for some reason, it is beyond his control, does not reach the desired result. Of course, this accidental factor has nothing to do with the evil intention of the offender and maybe if he did not encounter an obstacle, he would achieve his goal. So there is no doubt that the crime starter - however less than the complete crime agent- is punishable and deserves to be blamed. Article 122 of the Islamic penal code also follows this idea and considering the circumstances, knows that the starter of crime is punishable. But given the dominant circumstances of Had crimes, it seems that the determination of punishment in paragraphs A, B and C of the mentioned law, and where it is related to the Hads, is insufficient and imperfect. These bugs show up more when most Had crimes in the early stages (committing a crime) not having yet the title of Had and basically, they are punishable behavior, So like the before (For example, Article 613 of the IPC on the commission of attempt the murder or 655 of the IPC on some types of starting theft…) it may be better that just crimes that the starting of them is imagable, to be criminalized below the relevant legal provisions and appropriate punishment for them to be considered.
کلیدواژهها [English]
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