Historical Evolution of the Concept of Criminal Fault (Unintentional Fault) in Iranian Criminal Law

Abstract

The concept of criminal fault or unintentional fault is one of the foundations of criminal liability in legal systems and has undergone a significant evolutionary process in Iranian criminal law. A historical review shows that this concept has been shaped in three main stages: first, in Imamiyyah jurisprudence, where fault was addressed within the traditional tripartite division of intentional (ʿamd), quasi-intentional (shibh al-ʿamd), and pure fault (khaṭāʾ maḥḍ), and was primarily limited to financial consequences such as diyah (blood money); second, during the modern codification era following the Constitutional Revolution, particularly with the enactment of the Public Penal Code of 1925 (1304), when, under the influence of French and Western law, unintentional fault entered the criminal sphere as negligence, recklessness, and violation of regulations; and third, in the post-Islamic Revolution era, where with the enactment of the Islamic Penal Codes of 1991 (1370) and 2013 (1392), traditional jurisprudential notions were integrated with modern legal doctrines. The findings of this study show that criminal fault in Iranian law has evolved gradually from the traditional system of purely financial liability toward a modern model of criminal responsibility. This development reflects the legislator’s effort to strike a balance between the jurisprudential foundations of Islamic law and contemporary socio-legal needs. However, challenges remain, including the determination of precise criteria for fault, the distinction between civil and criminal liability, and the definition of gross fault in professional crimes. These issues require further theoretical reflection and legislative reform.