Abstract:
A crime, which forms the essence of criminal law, consists of the material and mental elements coming together (in most crimes) and, on the other hand, the law regarding that behavior as criminal. Therefore, the realization of material behavior alongside the mental element (except for purely material crimes) and the achievement of the desired outcome will result in the occurrence of a complete crime. However, in the external world, a complete crime is not always realized, and sometimes behaviors are committed that do not fall into the category of a complete crime. Accordingly, these behaviors are carried out in pursuit of criminal intent, but the intended crime has not occurred. In Iranian law, despite the great importance of incomplete crimes, especially the legislator's criminal policy aimed at preventing the occurrence of crime or direct harm, the definition of these crimes and the explanation of their framework and characteristics have not been addressed. This article attempts to define incomplete crimes and state their foundations of criminality, characteristics, elements, and types. It should be noted that distinguishing incomplete crimes from complete crimes guides us to how much criminal law can control the behavior of individuals and when criminal law and its role in prohibiting a behavior can be utilized.
Machine summary:
An impossible crime is an incomplete crime where, despite passing through criminal intent and the conclusion of executive operations, due to the absence of the subject matter or the inadequacy of the tools employed, which were independent of the perpetrator's will, the possibility of achieving the desired outcome does not exist.
With the explanation that, in limited crimes and considering accidental factors that cause the complete crime not to be realized despite the perpetrator's effort to reach the criminal result, the basis for punishment should be the attempt and not the accidental incidental effects such as murder, destruction, and...
A point that can be generally added regarding inchoate crimes is that, in all cases of inchoate crimes (with one exception), they appear to be based on an act (which is movement and motion on the part of the perpetrator) and cannot be realized through an omission, such as incitement to murder or conspiracy they find meaning in completing them, such as commencement of theft or conspiracy to murder.
By criminalizing inchoate crimes, the law attempts to prevent the occurrence of criminal acts that create indirect harm or injury to persons.
In fact, there is no difference between a criminal who succeeded in causing (direct) harm and an individual whose circumstances prevented the crime from being completed and thus failed; this would lead to a second consequence: a person committing an inchoate crime might only be deterred from completing the crime if a harsher punishment for the completed crime is imposed upon them; otherwise, there would be no incentive to refrain from completing the crime.
In other words, the person committing an inchoate crime has made an effort toward violating criminal laws and creating social instability.
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