Feasibility of the Comparison of the Concept of Criminal Fault in Iran with Dimensions of Negligence in England

Criminal fault is the mens rea of unintentional offences while legislation policy and judicial procedure of Iran present a different picture of its nature and function. The author attempts to identify criminal fault in Iranian criminal law. To do so, an analytic–descriptive method has been adopted to compare the criminal fault in Iran with dimensions of negligence in British law. To answer this question, articles 616 and 714 and ss of article 145 that refer to the conduct aspect and actus reus role of criminal fault were studied. This approach diverts from the basic function criminal fault as mens rea of unintentional offences and matches with concept and function of civil negligence in England. Highlighting this conflict as an innovation in this research, this study outlines the conditions which give rise to the existing conflict and recovering the basic function of criminal fault.