Petty Crimes: From Conceptual Ambiguity to Policy Impasse with a Focus on the Criminal Justice System of England
Keywords:
Petty crimes, non-indictable offenses, summary offenses, peace courtsAbstract
In the substantive and procedural laws of Iran, no definition of petty crimes or a classification delineating the boundary between petty and major crimes has been provided. This is due to the absence of a coherent and structured classification system that logically reflects the severity of crimes and punishments within the Iranian criminal code. Currently, because of the transformation in the nature of crimes and punishments—stemming from Islamic jurisprudential principles into four categories: Hudud, Qisas, Diyat, and Ta'zirat—and given the distinct functions of each of these sanctions and the impossibility of assessing or comparing them to one another, offering a definition for petty crimes proves to be a highly complex and challenging task. This complexity is exacerbated by the dual approach and contradictory policies of the legislator in both substantive and procedural laws, reflecting a form of legislative deadlock. This stands in contrast to the criminal justice system of England, where a logical approach to the division of courts and the classification of crimes from both procedural and substantive perspectives has not only clarified the scope of petty and major crimes but also established a coherent and differentiated practical procedure in the implementation of criminal policy. This approach offers a structured outlook on the substantive and procedural overlap within that system. In any case, considering the outlined characteristics and criteria of petty crimes, along with the content of previous laws and the recent legislative orientation of the Iranian legislator as reflected in the newly enacted Law of Dispute Resolution Councils dated September 13, 2023, and the provided definition of this category of crimes, it may be concluded that seventh- and eighth-degree ta’zir crimes within Iran’s criminal justice system fall under the category of petty crimes and fit within the definitional framework of this class of offenses.
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Copyright (c) 2025 Mohammad Saeed Ghanbari Kermanshahi (Author); Fatemeh Ahadi (Corresponding author); Babak Pour Ghahramani (Author)
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