Recognition of Self-Defense Concept in New Islamic Penal Code

Self-defense as one of the accepted institutions in public criminal law with a long background is utilized as a justification of committed crime factor and eliminates legal element of the crimes. In the new Islamic Penal Code (enacted in 2013), self-defense has been more progressively legislated. Specification of some terms such as need for the observance of defense steps, necessary defense, primary defense, relying on reasonable evidences or rational fear, equalization of the executer officers of justice with other officers and adopting clear attitude toward imperfect self-defense are considered as positive features of the new Islamic Penal Code; while it contains some controversial items including change of the burden of proof. In this article the concept and terms of self-defense in new penal code have been recognized.