Research and development in criminal law and criminology

Research and development in criminal law and criminology

Analysis and Explanation of the “Subject of the Crime” in Criminal Law: A New Approach to Its Nature, Dimensions, and Functions

Document Type : Original Article

Authors
GHASEM ESLAMINIA 1
davud seifi 1
Jalaledin Ghiasi 2
1 Assistant Professor, Department of Law, University of Zabol, Zabol, Iran.
2 Associate Professor, University of Qom, Qom, Iran.
10.22034/jclc.2025.2074071.1266
Abstract
In the realm of criminal law, the concept of the “Subject of the Crime” holds a central and fundamental position as an ontological and functional element. A precise examination of its dimensions is essential for a correct understanding of both legislative processes and judicial proceedings. Beyond being a mere component, this concept is recognized not only as an inseparable and indispensable part of the actus reus (material element)—without which the physical realization of the criminal act is impossible—but also plays a vital and decisive role in establishing the mens rea (mental element) or criminal intent. Specifically, proving criminal liability requires the perpetrator’s knowledge of the subject of the crime and its characteristics. Furthermore, the subject of the crime serves as a full-view mirror of the social values the legislator intends to protect; thus, it holds a key position in explaining the quality of the crime and, ultimately, in determining punishment proportional to the extent of the violation of protected social values. Despite its undeniable importance, a long-standing challenge in this field is the lack of a comprehensive, consensus-based, and exclusive definition among jurists. Prominent figures in criminal law, such as George Fletcher, despite their deep insights, define the subject of the crime as the person or thing against whom the crime is committed. While accepted by many authors, this definition is insufficient for encompassing all instances, particularly in crimes committed directly against public order or general societal interests that lack a specific external instance (an individual or a tangible object). Adopting a critical-analytical approach, this article analyzes and critiques current definitions and highlights instances excluded from their scope, arguing that to provide a unified definition covering all angles, one must explain the common functional characteristics of the subject across various crimes. By filling the theoretical gap in general criminal law literature and explaining the neglected dimensions of this concept, this research attempts to provide a comprehensive definition emphasizing these common functional traits. It addresses the ontology and multiple functions of the concept in the law-making process, the precise determination of criminal liability, the mutual understanding of the concept by litigating parties in court, and its direct impact on the determination and execution of punishment. Finally, this applied research offers recommendations such as expanding academic discourse in universities, establishing a specialized institution titled the “Crime Subject Analysis Bureau”, and conducting a targeted revision of penal code texts to enhance the efficiency and comprehensiveness of the criminal justice system regarding this fundamental concept.
Keywords
Subject of the Crime
Punishment
Material Element
Criminal Liability
Social Values

Subjects

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