چكيده لاتين
Abstract
Armed robbery, as one of the serious crimes against property and public security, holds a special position within legal systems and, due to its association with threats and violence, is considered among the most significant offenses affecting public safety and social order. In the Iranian legal system, armed robbery overlaps conceptually and legally with other criminal categories, such as moharabeh (waging war against God), ifsad fi al-ard (corruption on earth), and extortion, making the accurate and precise identification of these offenses crucial for the determination of appropriate punishments. This study adopts a comparative approach to examine the constituent elements of armed robbery under Iranian criminal law and compares them with similar offenses. Accordingly, the research also elucidates the position of these crimes within Iran’s criminal justice system, focusing on jurisprudential principles and legal foundations, and addresses potential conflicts among criminal statutes. The findings indicate that, in many cases, conceptual overlaps between these offenses create ambiguity in distinguishing the type of crime and determining the corresponding punishment, which can, in some instances, lead to the enforcement of unjust rulings. Consequently, the study offers recommendations to clarify legal ambiguities and to establish more precise regulations for accurately differentiating these offenses, thereby enhancing the consistency and accuracy of the judiciary in dealing with such crimes. Furthermore, the findings suggest that revising legal definitions and providing clear criteria for distinguishing these offenses can improve judges’ efficiency in issuing rulings proportionate to the nature of the crime and reduce discretionary interpretations in criminal proceedings. Additionally, the study indicates that leveraging the experiences of other legal systems regarding the definition and delineation of similar offenses can serve as an effective model for reforming Iranian criminal law and contribute to the development of a more coherent and responsive legal framework for addressing violent and security-related crimes.
Keywords: Armed robbery, Moharabeh, Corruption on earth (ifsad fi al-ard), Extortion, Judiciary, Judicial interpretation
