Judicial-Lawful Survey of Recidivism by Emphasizing on Article 136 of IPC

Subject Areas : Private law

yousef noraei ¹ (دانشگاه شمال آمل)

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Repetition of crime, Article 136, Islamic Penal Code, Crimes entitled divine punishment (had),

Abstract :

One of the general aggravating circumstances in all crimes is the repetition of crime. Iranian legislator, neither before the Islamic Revolution nor after that, had explicitly passed any provision about crimes entitled divine punishment. It was in the Article 136 of the Islamic Penal Code, adopted on April.21, 2013, that the repetition of such crimes came to be approved. This Article says that: "If a person commits a crime entitled divine punishment in three times, and in each time he is punished, his sentence in forth time will be death penalty." Contrary to this rule which is taken from the opinion of the most celebrities of Islamic jurists, there are at least two other opinions the first, is the death penalty in third time, and the second, is the lack of permission for the death penalty