A STUDY ON ATTEMPT, FAILED OFFENCE AND IMPOSSIBLE OFFENCE IN THE ISLAMIC PUNISHMENT BILL BY ATTENTION TO PROCEEDING OF LEGISLATION

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RAHDARPOUR HAMED; CHANGAEI FARSHAD

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Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2011 | Volume:2 | Issue:1 Page(s): 59-74

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Title

A STUDY ON ATTEMPT, FAILED OFFENCE AND IMPOSSIBLE OFFENCE IN THE ISLAMIC PUNISHMENT BILL BY ATTENTION TO PROCEEDING OF LEGISLATION

Author(s)

RAHDARPOUR HAMED | CHANGAEI FARSHAD | Issue Writer Certificate

Keywords

ISLAMIC PUNISHMENT BILLQ2

ATTEMPTQ2

TANTAMOUNT TO ATTEMPTQ2

FAILED OFFENCEQ2

IMPOSSIBLE OFFENCEQ2

Abstract

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for the people whose deeds, in addition to being an ATTEMPT, is identical to a specific crime and has voluntarily withdrawn criminal acts.

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APA: Copy

RAHDARPOUR, HAMED, & CHANGAEI, FARSHAD. (2011). A STUDY ON ATTEMPT, FAILED OFFENCE AND IMPOSSIBLE OFFENCE IN THE ISLAMIC PUNISHMENT BILL BY ATTENTION TO PROCEEDING OF LEGISLATION. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 2(1), 59-74. SID. https://sid.ir/paper/246711/en

Vancouver: Copy

RAHDARPOUR HAMED, CHANGAEI FARSHAD. A STUDY ON ATTEMPT, FAILED OFFENCE AND IMPOSSIBLE OFFENCE IN THE ISLAMIC PUNISHMENT BILL BY ATTENTION TO PROCEEDING OF LEGISLATION. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2011;2(1):59-74. Available from: https://sid.ir/paper/246711/en

IEEE: Copy

HAMED RAHDARPOUR, and FARSHAD CHANGAEI, “A STUDY ON ATTEMPT, FAILED OFFENCE AND IMPOSSIBLE OFFENCE IN THE ISLAMIC PUNISHMENT BILL BY ATTENTION TO PROCEEDING OF LEGISLATION,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 2, no. 1, pp. 59–74, 2011, [Online]. Available: https://sid.ir/paper/246711/en

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