Critical analysis of Article 350 of the Islamic Penal Code with an approach to jurisprudential principles
Subject Areas : Jurisprudence and Criminal Law Doctrines
Ramin
Faghani
1
(Faculty member of Payame Noor University)
Esmaeil
Qandvar Bijar Pas
2
(Faculty member of Payame Noor University)
Keywords: Retribution, totality of retribution, critique of the independence of retribution, critique of Article 350 BC,
Abstract :
Although, at first glance, retribution is the realization of the right, but typically, its implementation brings with it the bitterness of two irreparable harms to society and the family. The global movement to eliminate or reduce the maximum death penalty as reflected in international treaties and treaties and the new criminal policy of the Iranian legislature in order to reduce the number of those executed while maintaining the basis of Sharia law and Imami criminal jurisprudence. It follows that the importance of re-reading the literature of the jurisprudence of retribution and, consequently, amending some articles of the Islamic Penal Code, based on the jurisprudential views analyzed in the literature of criminal jurisprudence, is evident. In this regard, the present article, with a cognitive view of the punishment of retribution, referring to Articles 350 and 422 of the Islamic Penal Code, which is based on the independent view of the right to retribution and its principles and is attributed to the famous, introduces the jurisprudential view of the totality of the right Qisas takes place and in the process of criticizing the foundations of each of these two views and showing the inadequacy of the citations of the famous view, he rereads the criminal policy of Shiite criminal jurisprudence regarding the punishment of Qisas, which, as a result, proposes amendment. It has the mentioned materials in its practical achievement.
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