Jurisprudential-legal review of the position and territory of the Dara rule in Iranian criminal law

Subject Areas : Nameh Elahiyat

Mohammad Hajiannejad ¹ , Fahim Mostafazadeh ² , Mehrdad Fiezi ³

1 - Jurisprudence and Low, Adalat University
2 - Faculty of Law, Adalat University
3 - Jurisprudence and law researcher

Received: 2022-08-18 Accepted : 2022-09-07 Published : 2021-12-22

Keywords: punishment, Doubt, Retribution, Hudud, The rule of draw,

Abstract :

The rule of Dara is a catch rule that jurists have obtained in a collection of narrations. The rule of Daraa means stopping the punishments of hudud, retribution and punishment in cases where there is doubt. In some cases, the rule of Dara provides partial decriminalization and in some cases general decriminalization, according to the Quranic documents and the authenticity of the word hadd in the documents of the rule, it cannot mean a specific punishment and includes all punishments, the rule of Dara according to Articles 120 and 121 of the Penal Code can have the effect of decriminalization and decriminalization, and there is no conflict between divine limits and human rights, although the legislator has excluded four crimes from the limited crimes. Also, according to the circumstances of the crime and criminal responsibility, the crime has two effects of decriminalization and deconviction in crimes requiring retribution. In penal crimes, according to the conditions of criminal liability and the condition of the crime itself, it has the effect of decriminalization and de-conviction, and there is no difference between penal and governmental crimes in the application of the rule of law. It seems that the principle of behavior in the crimes of money is doubted, the rule of money has the effect of decriminalization.