A comparative study of the elements of the crime of Failure to report a crime and its punishment in Iranian and American law

Document Type : Academicm and Research

Authors

1 Assistant Professor of Law Department, University of Zabol, Zabol, Iran .

2 Assistant Professor of Law Department, University of Zabol, Zabol, Iran

Abstract

The implementation of justice, as the ultimate goal of judicial systems, requires cooperation and mutual assistance between individuals and public institutions. Each society, based on its prevailing values and cultural context, seeks to prevent obstacles to the realization of justice and may punish those who obstruct it. One significant obstacle is the failure to report crimes by individuals who are legally obligated to do so. In Iran’s legal system, the concealment of crime constitutes an omission-based offense, committed by public officials who are aware of the crime and capable of reporting it. Furthermore, the duty to report is limited to crimes explicitly specified by law. However, there are fundamental differences between the Iranian legal system and those of Western countries regarding the obligation or discretion to report crimes, the reporting procedures, the scope of applicable offenses, and the corresponding punishments. In the United States, at both the federal and state levels, there are wide variations concerning the actus reus and mens rea elements of the offense of failing to report a crime. Compared to Iran, punishments in the U.S. legal system are generally more severe and vary depending on the nature of the crime and the state. In some states, under the doctrine of "post-crime assistance," an individual who fails to report a crime may be punished as severely as the principal offender. Unlike Iran, individuals in confidential relationships—such as attorney-client, clergy-penitent, and family members—are not exempt from punishment. Overall, the U.S. criminal policy toward citizens’ indifference to crime is more punitive, security-focused, and coherent.
 

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