Investigating jurisdicial and lawful rule non-Retroactive in murder category

Subject Areas : فقه و مبانی حقوق

احمد مرادخانی ¹ , seyed masih hoseini ² , seyed mohammad mehdi ahmadi ³ , alireza asgari ⁴

1 - استادیار دانشگاه
2 - دانشجوی دکترا/دانشگاه آزاد اسلامی واحد قم
3 - استادیار/ دانشگاه آزاد اسامی واحد قم
4 - استادیار/دانشگاه آزاد اسلامی واحد قم

Received: 2016-03-12 Accepted : 2016-04-03 Published : 2016-05-02

Keywords: criminology, Key words: non-retroactive, prevention, murder, acquit principle,

Abstract :

Category retroactively lack inclusion of the lawful rule and control, as is the death and the reflection is important. Practices and attitudes legislator of religious orders, he is not to apply rules which consequently leads to injustice in the criminal process to bring Contemplated in the context of judicial precedent 10/25/1365 Number 45. “Article 6 of the Islamic Penal Law October 1361 that the penalties and corrective measures By law put before the crime is established Withdrew from his commands legislation, including legislation relating to retaliation that have been at the forefront of Islam ... In 1370 criminal legislator in Article 11 of the Penal Code rule retroactively not only rules governing the " government and military regulations," he And consequently the rule was adopted in the Iranian Law is limited. Therefore, the legal rules of borders and murder, expense and exclusion criteria of the regulations was the system of government. Finally, it is accepted that the only punishment suspended under the rule of law are not retroactively. The present paper suggests that the death penalty is not out of the realm and inclusion rule retroactively known. This article aims to study the most important jurisprudence and legal arguments to justify the death penalty are not paid retroactively. Key words: non-retroactive, murder, acquit principle, criminology, prevention.