Examining the Criminological Foundations of Intentional Crimes in the Criminal Law of Iran and Canada

Abstract

Intentional crimes occur in two forms: intentional crimes against life, which result in the death of the victim, and intentional crimes below the threshold of life, which cause harm to a body part of the victim. The occurrence of crimes in societies fundamentally depends on the presence of underlying factors that facilitate criminal behavior. Therefore, the judicial system must identify the root causes of crime and take appropriate measures to address them. One of the significant causes of criminal behavior is the mental health issues of the perpetrator. Under Iranian law, an intentional crime is an offense committed by an adult, sane, and voluntary individual. The legislator has explicitly defined the concept of intent in the relevant provisions (Articles 289 and beyond) of the Islamic Penal Code, enacted in 2013, to determine the classification of intentional crimes. In Canadian law, under Section 229(a)(ii) of the Criminal Code, an intentional crime is defined as the deliberate intent to harm another person, with the perpetrator being aware that such actions are likely to result in death and displaying reckless disregard as to whether their actions lead to the killing of another human being. In intentional crimes against physical integrity, where direct harm is inflicted on individuals, the criminal lawsuit holds a private nature. In Iranian law, the primary punishment for intentional crimes is retribution (Qisas), whereas in Canada, which follows the common law system, life imprisonment is considered the principal punishment for such offenses. The research method employed in this article is descriptive and analytical. This study seeks to answer the question: What are the criminological foundations of intentional crimes in the criminal law of Iran and Canada? The objective of this research is to determine the criminological foundations of intentional crimes in the criminal law systems of Iran and Canada.