نوع مقاله : علمی - پژوهشی
استادیار دانشکدۀ حقوق دانشگاه تربیت مدرّس.
عنوان مقاله [English]
The principle of conduct, as a basic principle, is as the actus reus in a model which can be called criminal law theory. The theory explains the relations among manifestations of criminal norm based upon a hierarchical model in which the conduct as objective aspect of free choice is analyzed into several rules from which each one derive specific provisions. These render the norms constituting criminal conduct become applicable in any criminal cases. The rules derived from the principle of conduct are divided into three groups: rules of the nature of conduct, rules of requirements and circumstances of conduct, and rules of consequence of conduct. All of the rules reflect similarities and differences within comparative criminal law systems. The cases concerned in this article are Iranian and English legal systems. The article concludes that although the classical concept actus reus can be formulated as the principle of conduct in both legal systems but the rules and specific provisions derived from reflect significant differences between the Iran and England law: Whereas these rules and provisions have mainly been incorporated into within Iranian law from other legal systems (esp. European-French ones), there is an organized system of the norms constituting conduct within England law.