Feasibility of starting to commit crime in current Turkish crimes

Authors

  • Jahangir Kammerrudi Master's student in criminal law and criminology at Allameh Muhaddes Nouri Non-Profit University Author
  • Yazdan صیقل Ph.D. in criminal law and criminology, assistant professor at Allameh Mohaddes Nouri Non-Profit University Author

Keywords:

Feasibility, Start to crime, Crimes of omission, Islamic Penal Code

Abstract

Commencement of a crime is when a person intends to commit a crime and prepares for it and enters into the execution of the crime, but an factor outside his will prevents the commission of the crime. The present study, which was conducted by descriptive and analytical method with the aim of explaining how to explain the feasibility of committing a crime in abandonment crimes, the findings of this study show that: a) Islamic Penal Code discusses committing a crime in a general way And according to the degree of punishment. B) This approach, while making the punishment of each crime more compatible with the punishment of the beginning of that crime, has caused problems for the legislator to avoid elaborating some details. C) When the actions that led to the commencement of the crime are a crime in itself, then only the punishment of a specific crime is applied, and only if the punishment for committing a crime is executed, and this is a manifestation of the rights of the accused or It is better to say he is guilty in the bill. D) In the bill, the ambiguities that existed regarding the condition or not of non-voluntary renunciation in the realization of the beginning of the crime have been removed and explicitly considers the condition of realization of the beginning of the crime as non-voluntary renunciation of the perpetrator.

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Published

2023-07-12

Issue

Section

Research article

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