Foundations of Condemned's Rights in the Execution Phase of Criminal Sentence With emphasis on Jurisprudence

Subject Areas : فقه و مبانی حقوق

احمد مرادخانی ¹ , طاهره جعفری ²

1 - عضو هیات علمی
2 - دانشجو

Received: 2016-04-23 Accepted : 2016-05-04 Published : 2012-06-21

Keywords: Law, Enforce, Condemned, jurisprudence, Criminal edicts,

Abstract :

In the current criminal law, it is important to attend the right of condemned in the step of forcing criminal edict.It’s difficult to achieve the objectives of punishment and Criminal justice without considering condemned’s rights. In the law of Islam, personality and right of condemned is attended ,both in setting the law and forcing it According to importance of observing rights of condemned in enforcing criminal edicts and prohibiting insult , torture and contempt in the law of Islam, observing justice to conflict with condemned and having security, protecting life, generosity, reputation or human honor of condemned and observing the principles of making penalty individual are the principles of rights of condemned in enforcing criminal edict That also have been emphasized in Jurisprudence. It is injustice to act equally with the condemned without considering mentioned foundations, merits and abilities of a person. Justice is that merits are considered at the same time with equality of people against law. Same and inflexible behavior and lack of observing the individual merits can not be useful and achieve justice.