The crime beyond the intention of perpetrator in law of Iran with a glance to law of Egypt

Where the criminal behavior of the offender leads to a more intense outcome than the result he is seeking, there occurs a special case in which men’s rea is a form of intention named "transcendent intention" and the offense of committing is called beyond intention. The basic condition for such crimes is the existence of a prior intention for a crime and a resultant crimes which goes beyond the original malice. . The basic question of the research is that what is the nature of this crime – psychologically- intentional or unintentional element? In this research, with an analytical-descriptive method aimed at explaining the nature and basis of such a state, it has been shown that crime is beyond the intentions of an independent nature between intentional and unintentional. There are examples of these types of crimes in Iran's law, and there are some concepts in Egyptian law without the use of this term in the law. It is necessary in the general discussion of criminal law to introduce a kind of intention under the title "Transitional Intent" and to add a type of crimes under the heading "Transgressions beyond intention" in the course of deliberate and unintentional offenses, and the penalties should be proportionate to the nature of the crime.