Theory of transferred malice in English law and its adaptation to the Iran law

Transferred malice, a developed theory by common-law legal system, is to count deliberate such crimes that guilty has committed on someone other than who has been his purpose or intention. In these cases, according to the theory, criminal responsibility of intentional crime, lend to the guilty. In English law, there are different views about this theory. Primary supposition of English lawyers in the discourse of criminal responsibility and psychological element is that malice can not be transfer from a crime to another crime, also has led the tendency of some criminal lawyers to regard it as redundant and must be removed immediately. In contrast, the view that supports transferred malice theory, for holding an intentional offense according to this theory, provide the concept of transferred malice, that based on two elements of risk and the ability to censure in the behavior of guilty, can balance with the psychological element of crime. Islamic Penal Code of Iran in retaliation part, mainly has been codified based on opinion of jurisconsults who knows the intention tendency, subject to a certain person as intention criteria, for this reason, in Iran's law, the theory of transferred malice has not been recognized to such quality that was explained and developed in the legal system of common-law, not being implemented. With approval of the Islamic Penal Code of 2013 and including one exception to the strict injustice rule, where guilty found some kind of his behavior's effect (waver of article 292), can discuss about the transferred expression and embodiment of the teachings of transferred malice theory in the legislative criminal policy of Iran.