A Conceptual Reappraisal of the Offense of Kidnapping and Its Distinction from Offenses Involving Deprivation of Liberty in Iranian and English Law

Abstract

Kidnapping is one of the most significant offenses against personal liberty. Owing to its substantive similarities with certain criminal offenses, including hostage-taking, unlawful detention, concealment of persons, human trafficking, and enforced disappearance, it has consistently presented conceptual and interpretative challenges. Ambiguity regarding the boundaries between these offenses may create difficulties in determining the appropriate criminal charge, lead to inconsistency in judicial practice, and disrupt criminal policy. In Iranian law, the provisions governing kidnapping have evolved over time and are currently reflected in Articles 621 and 631 of the Islamic Penal Code, as well as in specific legislation such as the Law on Reduction of Taʿzir Imprisonment Sentences enacted in 2020. In English law, the criminal concept of kidnapping is primarily addressed through common law and specific statutes, such as the Child Abduction Act 1984. Using a descriptive–analytical method and a comparative approach, the present study examines the concept of the offense of kidnapping and distinguishes it from the principal offenses involving deprivation of liberty under Iranian and English law. It further seeks to clarify the conceptual boundaries between kidnapping and analogous offenses. The findings indicate that, although all these offenses share the common feature of depriving individuals of their personal liberty, fundamental differences exist among them in terms of the actus reus, the role of the victim’s physical movement or removal, the offender’s purpose, the involvement of third parties, and the structure of the legal protection afforded. The comparative analysis further demonstrates that English law provides greater conceptual clarity in distinguishing offenses involving deprivation of liberty, whereas Iranian law, in certain respects, is characterized by legislative gaps and overlapping criminal classifications. The study therefore recommends that the Iranian legislature revise the structure of offenses against personal liberty and define more precisely the boundaries between kidnapping and related offenses, thereby clarifying the scope of criminalization, facilitating the imposition of proportionate punishment, and preventing overlap among criminal offenses.