1
PH. D in jurisprudence and Islamic law. Tehran University. Tehran.
2
PhD student in Criminal Law and Criminology, University of Qom, Qom, Iran
10.22106/jlj.2026.2072205.6389
Abstract
The Rule of Deception (Qurur) is one of the well-known jurisprudential rules. According to its commonly accepted meaning, a person who has been deceived by another's conduct has the right to seek compensation from the deceiver, and the deceiver is held liable for the loss inflicted upon the deceived party. Beyond this meaning, which is primarily applied in the field of civil liability, deception also finds a different function in explaining criminal liability and its elements. Accordingly, in order to examine the latter function, the following article compares the status of the Rule of Deception in the criminal law of Iran with the common law legal system using a descriptive-analytical method. The results of the research show that deception in the criminal law of Iran, in addition to referring the deceived person to the deceiver, plays a role in explaining criminal liability as an independent crime, in describing criminal conduct, as a means of committing a crime, as a factor establishing causation, as an indicator of criminal intent, as an instance of complicity in a crime, and a factor in aggravating punishment. This approach has also been adopted in certain laws and procedures in common law; although, in some instances, its application regarding specific elements and offenses differs from the role attributed to deception in the criminal law of Iran.
Dadkhah,A and Salimi,E . (2026). The Status of the Rule of Deception in Criminal Law of Iran and the Common Law Legal System. The Judiciarys Law Journal, 90(133), 137-165. doi: 10.22106/jlj.2026.2072205.6389
MLA
Dadkhah,A , and Salimi,E . "The Status of the Rule of Deception in Criminal Law of Iran and the Common Law Legal System", The Judiciarys Law Journal, 90, 133, 2026, 137-165. doi: 10.22106/jlj.2026.2072205.6389
HARVARD
Dadkhah A, Salimi E. (2026). 'The Status of the Rule of Deception in Criminal Law of Iran and the Common Law Legal System', The Judiciarys Law Journal, 90(133), pp. 137-165. doi: 10.22106/jlj.2026.2072205.6389
CHICAGO
A Dadkhah and E Salimi, "The Status of the Rule of Deception in Criminal Law of Iran and the Common Law Legal System," The Judiciarys Law Journal, 90 133 (2026): 137-165, doi: 10.22106/jlj.2026.2072205.6389
VANCOUVER
Dadkhah A, Salimi E. The Status of the Rule of Deception in Criminal Law of Iran and the Common Law Legal System. The Judiciarys Law Journal. 2026;90(133):137-165 (In Persian). doi: 10.22106/jlj.2026.2072205.6389
