Iran Judiciary Bar Exam study materials
Iran Judiciary Bar Exam study resources

Iran Judiciary Bar Exam: Criminal Law (Hoghough-e Jaza)

Iran Judiciary Bar Exam · Work through your exam, one topic at a time.

All guide sections

Criminal Law (Hoghough-e Jaza)

Core concepts

Criminal law asks three questions: is there a crime, who is liable, and what is the penalty. Master the principle of legality (qānūnī būdan-e jarāyem va mojāzāt), the structure of the offense (element-e qānūnī, māddi, ma'navi), and the categories of offenses (hodūd, qesās, diyāt, ta'zīrāt). Understand causation, attempt (shorū'-e jorm), complicity (sherkat) and accessory liability (mo'āvanat), and the defenses: minority, insanity, duress, necessity, self-defense, and mistake.

Traps

Questions exploit the line between attempt and mere preparation (moghaddamāt-e jorm), and between complicity (shared act or shared intent) and assistance. Remember that ta'zīr penalties are discretionary and governed by statute, while hodūd are fixed and subject to strict proof rules. Mistake of fact (eshtebāh-e mawdū'i) negates intent and thus the mental element; mistake of law generally does not. Also be careful with the rule that a person cannot be punished twice for the same conduct.

Rule of thumb

Run the elements in order and stop at the first failure. Worked example: A points a gun at B and pulls the trigger, but the gun jams. There is a completed attempt because the acts went beyond preparation and the failure was independent of A's will; if the gun had been unloaded and A knew it, no attempt would lie because the means were incapable.