The Effect of Mistakes on Crimes from the Iranian Criminology and Criminal Law Perspective

The issue of mistake in crime has often been a point of contention between jurists and criminologists in criminal law and criminology. A secondary issue of crimes’ psychological element is the occurrence of a mistake by perpetrators. In law, a mistake is generally a misconception a person has on a subject and does actions making them committed. Perhaps, if he had been aware of this in the beginning, his will and determination would never have been placed on committing such acts. However, in the process of committing a crime, mistakes may occur that ultimately affect the degree of criminal responsibility on the part of a perpetrator. Criminal justice calls for a distinction between those committing a crime with malice and criminal ill will and those committing a crime through a mistake/negligence without intending to violate the sanctity of the law and its effects, being a crime in the law. By adopting an analytical and descriptive method, the present study aims at investigating the effect of mistake in crimes from the perspective of criminology and criminal law.