A Comparative Study of Collusion in the Penal Code of Afghanistan and Iran

Collusion is a crime whose material and spiritual elements are controversial and sometimes seem impossible, some thinkers even believe that collusion is an exception in which mere criminal thought is punished without a material element. While based on the research findings, it can be claimed that the material element of collusion is in fact the implementation of the agreement and its spiritual element is the intention to implement that agreement. Collusion with different titles such as committing a crime, assisting in a crime, barren and impossible crime, are different and have different effects. In the criminal law of Afghanistan and Iran, collusion has been criminalized with slight differences in different areas. Despite the similarities between the criminal laws of the two countries in the field of legislation, there are also differences in the type of crime, the conditions of its realization and the application of punishment, which are studied in this article in a descriptive-analytical manner.