Analysis of the theory of the right of retribution in participatory crimes with emphasis on criminal justice

Subject Areas : International Legal Research

saeed SALAMATI ¹ , مرضیه پیله‌ور ² , محمدجواد رجبی سلمان ³

1 - PhD Student in Jurisprudence and Fundamentals of Islamic Law, Hamadan Branch, Islamic Azad University, Hamadan, Iran.
2 - استادیار گروه الهیات، واحد همدان، دانشگاه آزاد اسلامی، همدان، ایران (نویسنده مسئول).
3 - استادیار گروه حقوق، واحد همدان، دانشگاه آزاد اسلامی، همدان، ایران.

Received: 2021-07-26 Accepted : 2021-08-29 Published : 2021-03-21

Keywords: Security, punishment, justice, Retribution, deterrence,

Abstract :

Background and Aim: One of the punishments is retribution, according to which, if several people participate in the murder of one person, retaliation is allowed for all of them. Therefore, in this article, we intend to explain the implementation of this right based on criminal justice.Method: This article is descriptive-analytical and library method.Findings: Famous Imami jurists and a group of Sunni jurists and, consequently, the Islamic Penal Code; It is believed that in mass murders (if the parents of the deceased request retribution), retaliation will be carried out by paying a fine.Conclusion: The majority of jurists have declared the reason for the execution of the sentence of collective retribution as intimidating and deterrent. This means that individuals will refrain from mass crimes because of their fear of the consequences of their actions, and this is more compatible with criminal justice.onclusion: The majority of jurists have declared the reason for the execution of the sentence of collective retribution as intimidating and deterrent. This means that individuals will refrain from mass crimes because of their fear of the consequences of their actions, and this is more compatible with criminal justice.