A New Reflection on the Definition of Physical and Non-physical Act of Murder

It is doubtless that murder is normally committed by an act. In the Iranian criminal law literature, criminal act with regard to murder has been divided into physical and non-physical act without precise definition and determination of criteria of these two acts. As a consequence, they are not clearly distinguished from each other. Hence, there are some criminal conducts that do not fall within these divisions. The reason is the considering hitting or non-hitting on victim's body and the type of injury as a measure of the distinction of these two acts. In the present essay, after defining and distinguishing the physical and non-physical acts, attempt has been made to classify the acts into physical and non-physical on the basis of the nature of the committed act, regardless of the result. In addition, hitting or non-hitting of the act on victim's body and physical and moral damage has been taken into account only in classifying the physical act.