A comparative study of the elements of the failure to the report of crimes in Iranian and American law

Document Type : Academicm and Research

Authors

Assistant Professor of Law Department university of zabol, iran

10.22091/csiw.2024.10243.2490

Abstract

The implementation of justice, the ultimate goal of judicial systems, requires the mutual cooperation of the people and the government. Every society, according to the values and culture of that society, considers failure to report crimes as a crime. In Iran, the crime of concealment is a type of crime of omission and the perpetrator must be a government official and must have been aware of the crime and had the ability to declare it, only some crimes are included. However, there is a fundamental difference between our system and the legal system of western countries in terms of authority or compulsion to report, the territory of the type of crimes and punishment. In the United States, at the federal level and in different states, there is a wide difference regarding the material and spiritual elements of not declaring a crime. Compared to our country, the punishments in the American system are more variable and more severe depending on the type of crime and the states. Some states even punish the perpetrator as the main perpetrator in the form of the institution of "facilitation after the act". Unlike Iran, the parties of a confidential relationship such as lawyer-client and cleric and penitent and family immunity are exempted from punishment. In general, the criminal society of the United States is more repressive and security-oriented and coherent in response to citizens' indifference to crime.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 16 May 2024

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