Investigation into the criminal phenomenon and its elements; Analysis of different perspectives and Authority theory

Abstract

One of the most important and basic issues of public criminal law is the elements of the criminal phenomenon. Different opinions have been presented about the number of elements of the criminal phenomenon. The legal, material, and psychological pillars are the most important pillars of the criminal phenomenon, although some jurists have placed other pillars next to these three pillars and have listed up to five pillars for the criminal phenomenon. But the majority of jurists are in favor of the three-pillar theory of crime. This dominant view in our country has been influenced by French law. A view that has been repeatedly mentioned in the works of Iranian jurists before and after the revolution. But it seems that the crime is realized with the material element and what is called the psychological element and the legal element is not part of the nature of the crime, so the legal element and the psychological element should not be included in the elements of the crime. We should talk about the legal and psychological condition instead of the legal and psychological element. The Islamic Penal Code of 2013 is also in line with this view. For example, in Article 2, there is no reference to the psychological element for committing a crime. Also, in Note 2 of Article 88, he has accepted the presumption of a crime from birth. In addition, the position of Article 144 shows that the psychological element is a condition of criminal responsibility and has no involvement in committing a crime. There is another evidence for this claim.