IN SPITE OF THE NECESSITY OF CRIMINALIZATION OF FRUSTRATED ACTION DUE TO ITS SAMENESS PHILOSOPHY IN CRIMINALIZATION WITH ATTEMPTS, DURING PREVIOUS LEGISLATION IN SPITE OF OPPOSITE OPINIONS, IT HAD NOT BEEN CRIMINALIZED NEITHER EXPLICIT NOR IMPLICIT .IN CONTRAST WITH SOME OPINIONS THAT BELIEVE IT HAS NOT BEEN CRIMINALIZED IN RECENT LEGISLATION, IT SEEMS THAT THE YEAR 92 LEGISLATOR HAS DONE THE CRIMINALIZATION IN FRUSTRATED ACTIONS DUE TO THE PRESENT VACANCY AND THE NECESSITY OF DEFENSE OF COMMUNITY BY INTENTIONALLY CHANGING IN PHRASES USED IN THE CONTENTS OF THE YEAR 52 LEGISLATION. THIS ACT OF LEGISLATOR IS RELATED TO INTENTIONAL PHRASE-CHANGING OF (THE EXTERNAL OBSTACLE THAT THE ANIMUS OF THE ACTOR DOES NOT HAVE EFFECT ON THAT) TO THE PHRASE (THE FACTOR OUT OF ANIMUS).SO WE CAN SEE THE LEGISLATOR BASIS OF FRUSTRATED CRIME ONLY IN NEW PENAL LAW, YEAR 1392, IN THE LAW OF IRAN.