“The review on development trend of attempt to crime In Iranian legal- criminal system”

The subject of attempt to crime has been followed by several noticeable and at the same time positive changes since the past time and the existing legislative gaps have been removed in previous laws to great extent. Unlike the former Act in current Islamic Punishment Act (approved in 2013), attempt to crime is deemed as one of offences except the trivial and few offenses for which no punishment has been stipulated in three clauses of Article 122 (legal article of attempt to crime). Therefore, unlike the Islamic Punishment Law (1991) in this Act, the attempt to crime has been assumed as offense accordingly and the punishment for attempt to crime possesses certain order and has been ranked in three separate clauses. The legislator has also identified other incomplete offenses rather than attempt to crime in the current punishment law and this is not deemed as innovation but considered as legislator’s return to Public Punishment Act (1973) based on which the impossible crime has been implied as attempt to crime and also incomplete crime was mentioned more implicitly along with attempt to crime. Moreover, by accepting voluntarily non-dispensing of offense as the condition for realization of attempt to crime in current law, legislator has removed the ambiguity in the former law. Nonetheless, lack of explicit acceptance of general title of incomplete crimes, expressing the inchoate offense along with attempt to crime, and lack of mitigation of punishment when the culprit voluntarily renounces it but his/ her measures include certain offense are assumed as some defects designated for Islamic Punishment Act (approved in 2013). The present research is intended to analyze development trend of attempt to crime in Iranian criminal system and express this basic question that what the vicissitude are in Iranian criminal-legal system since the past. The methodology of this study has been implemented according to analytical inferences and with respect to documentations from studied reference sources.