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The Duty to Retreat in Self-Defense: A Comparative Study of Iranian and United States Law
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Mohammad Khani1   , Maryam Mohammadnia Hanai2 |
1- Assistant Professor, Department of Criminal Law and Criminology, Islamic Azad University, Neyshabur Branch, Neyshabur, Iran.
2- M.A. Student in Criminal Law and Criminology, Islamic Azad University, Neyshabur Branch, Neyshabur, Iran. (Corresponding Author) |
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Abstract: (11 Views) |
The use of deadly force in self-defense raises a fundamental question: whether a defender must retreat when a safe avenue of escape is available. The answer reflects the tension between the individual’s right to resist unlawful aggression and the legal system’s interest in preserving human life and preventing avoidable violence. This study examines the legal status of the duty to retreat under Iranian criminal law and compares it with the principal approaches adopted in the United States.Using a descriptive-analytical and comparative method, the study analyzes Article 156 of the Iranian Islamic Penal Code, the jurisprudential foundations of self-defense, the duty-to-retreat rule, stand-your-ground laws, the castle doctrine, and Section 3.04 of the Model Penal Code. Iranian law does not expressly impose an independent duty to retreat.. In the United States, no uniform rule exists: some jurisdictions retain the duty to retreat, others follow stand-your-ground legislation, and most recognize some form of the castle doctrine.The study argues that neither an absolute duty to retreat nor the complete irrelevance of retreat is appropriate for Iranian law. It proposes a “circumstantial effect of retreat” model, under which retreat is treated as a relevant but non-conclusive factor in assessing necessity. Retreat should affect the legality of deadly force only when the escape route was real, immediate, known to the defender, reasonably safe, and did not expose the defender or a third person to a substantial risk. This approach protects the legitimate right of self-defense while restricting unnecessary lethal violence.
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Article number: 4 |
| Keywords: Self-Defense, Duty to Retreat, Deadly Force, Stand Your Ground, Castle Doctrine. |
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Full-Text [PDF 533 kb]
(6 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/08/23 | Revised: 2026/10/7 | Accepted: 2026/10/24 | Published: 2026/12/22
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