*Post graduate, Criminal law and criminology, Jameh Al-Mustafa
**Graduate, Fiqh and Islamic Law Basics, Instructor, Azad Islamic University, Takistan Branch
***Assistant Professor, Fiqh and Islamic Law Basics, Azad Islamic University Faculty, Takistan Branch
Online published on 2 July, 2016.
An important issue in Iranian Penal Laws is realization/not-realization of murder actus reus through leave of action with its proponents and opponents and different opinions are represented by faqihs and jurists due to lack of legal clarity and the courts are facing with many problems due to legal gaps. However, lawmaker gave an end to disputes by criminalization of leave of action and any distinguish between action and leave of action for murder and leave of action constitutes murder actus reus like action under some conditions. However, it was merit if lawmaker paid sufficient attention to different assumption on leave of action and express their decisions rightly by considering different assumption and its types accurately.
Leave of action, negative authorship, actus reus, intentional murder, causality relationship, criminal result
