Purely Material Offenses in Iranian and English Law

Abstract

Absolute criminal liability refers to the conviction and punishment of an offender without the necessity of fully establishing the mental element or the customary and required fault in the criminal process, whether the absence of such requirement is due to its elimination, presumption, or reduction. Based on this principle, the present study aims to examine purely material offenses in the legal systems of Iran and England. This research is of a descriptive–analytical and comparative nature. Accordingly, the study employed a library-based and documentary research method. The analysis of information was conducted through deductive reasoning and in a comparative framework. Iranian legal scholars, although familiar with and connected to Western legal systems, have occasionally addressed this subject in a limited and marginal manner in their writings and publications. However, judicial authorities have not shown significant sensitivity toward this matter. In contrast to the judicial institutions in England, it can be claimed that within the scope of Iran's criminal justice system, the mentioned rule is rather unfamiliar and has not been institutionalized. At most, what can be inferred from the interpretations of legal scholars and the few judicial decisions available is that criminal liability without fault has been considered on a case-by-case basis, with vague content and scope. Nevertheless, similar to the English criminal system, where the domain of such offenses is broad and can be legally and practically observed across various areas, in Iranian criminal law as well, there are numerous codified laws aligned with the philosophical foundation of offenses without fault.