THE EXCITATION TYPOLOGY IN IRANIAN CRIMINAL LAW

Abstract

The material element in committing crimes denotes the intention and will of committing a crime. This intent may have been created for several reasons, one of which is to provoke another person to commit a crime. Incitement to Iran's criminal law is divided into three general categories: Incitement as a vicegerent in crime, in this kind of stimulus, by strengthening the will and establishing the intention to commit a crime on the other, provides some kind of assistance in committing a crime, which according to the law can be said to have criminal responsibility. Another type of provocation is that the motive is the main perpetrator and his crime also provokes a person to commit criminal acts which is usually considered to be a crime against public safety. This type of provocation should be criminalized in the law, and sometimes it is bound to result, and is sometimes an absolute crime. The victim's incitement reduces the criminal liability of the perpetrator of the criminal act and is even exempt from punishment as in the murder on the bed; some of the Jurisprudences have been provoked by the husband to be exempted from nemesis because of her husband's murder. This type of provocation can be realized in a variety of crimes, it seems that Islamic jurisprudence does not have the incentive to exempt or reduce punishment in sexual crimes. Unless in false accusation of adultery, the parties consider it to be the cause of the fall, because doing is actually another kind of provocation.