Abetting in Manslaughter in View of Penal Fiq’h and Statute Law

Subject Areas : فقه و مبانی حقوق

Amir Mohammad karimi ¹ (MA. in Criminal Law and Criminology, Department of Law, Qom Branch, Islamic Azad University, Qom, Iran)
Seyed Doraid Mousavi Mojab ² (Assistant Professor of Criminal Law and Criminal Law, Tarbiat Modares University, Tehran, Iran)
Esmaeil Aghababaei beni ³ (Assistant Professor, Member of Research Team, Research Center for Law and Islamic Jurisprudence, Academy of Islamic Sciences and Culture)

Received: 2016-05-29 Accepted : 2016-06-10 Published : 2013-06-22

Keywords: supervisor, Abetting, Manslaughter, Keeper,

Abstract :

Islam always have considered different goals in sentencing; some of these goals, are mentioned in Quran and some in Narrations. Based on juridical opinions, it’s clear that there is Legal punishment for abetting in Canon for Manslaughter by Keeping and Supervision. Now, in s. 127 of Islamic Penal Law Act 2013 about the punishment of Abetting, the word of “Canon” firstly, and after it, the word of “Law” is used, and this is also the sequence of action. However, it seems that assignment of punishment to Canon, is opposite to the principle of legality of crime and “punishment”. If the abetting doesn’t subject to aforementioned titles and if the execution sentence of convicted murdered is carried out, based on s. 127, the punishment of abetting will be sentenced to second or third level of imprison, and if the sentence of execution doesn’t carried out, the punishment of abetting will be one or two level lesser than the punishment of the Actoe. Although, in latter case, there is a conflict between ss. 2 and paragraph ‘T’ of s. 127 in one hand, and ss. 612 on the other hand, and also the lawyers have different opinions about this issue; but based on clause 2 and the head of s. 10 of the mentioned Act about to be the subsequent punishment more propitious, subsection of s. 612 has been abolished.