amin kouhian afzal

Refraining to accomplish legal duties (omission) is always considered as one prevailing aspect of actus reus. Moreover, it may cause some highly controversial crimes in terms of both actus reus and mens rea. The present research investigates forms of interference and criminal liability of omission in Iran and England criminal laws.

A descriptive-analytical method was used to carry out this theoretical study. Research data were drawn from available documents, books, and articles using a library method.

In this research, the authenticity of texts, honesty, and confidentiality were carefully preserved.

Research data shed light on the criminalization basis of omission in Iran and England criminal laws. It has followed such principles as legal ethics, the principle of necessity, and expediency which are known as the social basis by which the legislator justifies criminalization of omission as criminal behavior.

The current study found that all criminal titles could be realized in crimes caused by omission by reviewing the elements and components of criminal descriptions. To put it simply, there is always the possibility of assistance, participation, and other criminal acts in crimes committed due to omission. This is also true for England's criminal law.

In the Legal System and for the Criminalization of the Citizens’ Behavior, the Justificatory Basics of Criminalization Should be Necessarily Followed in Such a Way That The Legislator’s Action in Enacting the Forbidden Action Can be Accepted by the Citizens When it is in Adherence to the Basics Also Accepted by Them. In Between, the Crimes Stemming From Omission Have Been Always Seriously Discussed and Debated Due to the Special Conditions of Their Actualization; they Have Also Been Followed by This Problem That Whether Omission Follows the General Basics of Criminalization or Certain Other Special Basics?

This Subjective Research Has Been Conducted Based on Descriptive-Analytical Method. Library Research and Reference to Books, Articles and Documents Have Been the Methods of Interest for Information Gathering.

It Will be Seen in This Research That the Consideration of the Expediencies, Responsibilities, Good Governance, Legal Moralism, Principle of Necessity, Social Collaboration and General Public’s Supervision Are Amongst the Very Important Basics Requiring the Criminalization of Omission in the Legal Systems of Iran and England.
Ethical Considerations: Meanwhile Keeping Text Originality, the Principles of Honesty and Trustworthiness have Been Observed in all the Stages of the Present Study’s Writing.

It is Understood From the Investigation of Omission’s Criminalization in Iran and England’s Legal Systems that Omission’s Criminalization Follows Such Basics as Legal Moralism and Principle of Necessity as Well as Consideration of Expediencies Which, Along With Such Other Basics as Social Collaboration and the Citizens’ Participation and Supervision on one Another’s Behaviors, Can be Realized as Social Basics Justifying the Legislator’s Criminalization of Omission as a Criminal Behavior.
Please cite this article as: Kouhian afzal A. Masoud G. Shekarchizadeh M. Basics of Criminalizing the Omission in the Penal Laws of Iran and England. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 303-316.