A critique of the Islamic Penal Code's approach to classifying the punishment of accomplices of a crime on the assumption that the degree of guilt or effect varies.

SHahrouz Nourouza ¹ ( Doctorate in criminal law and criminology, Mazandaran University, Babolsar, Iran. )
ebrahim ghodsi ² ( Professor of Criminal Law and Criminology, Mazandaran University, Babolsar, Iran. )

Submited date : 2016-12-12 Accepted date : 2023-10-23

Keywords: Participate in crime, Determining the punishment, The approach of equal punishment, The degree of fault, Degree of effect,

Abstract :

After committing the crime or crimes, in order to determine responsibility, some theorists the degree of fault and other, degree of risk that committed in substantiation the result of criminal have been considered. Hence, two theories of liability based on the degree of fault and risk will be investigated. The aim of this research is to determine a justice system of responsibility in case of differences in the degree of fault and risk. However, after establishing or proving liability, whether in theory of fault or risk, in case of meeting some factors, there are two views we face: the theory of equality of liability and the theory of distribution of liability based on degree of fault and risk. Legislators in determining the types of penalties ranging from Diahs, unfixed penalties (tazirat), Qisas (death penalty) and fixed penalties (hoduds) have complied with the equality theory. But generally this research has argued in favor of the theory of liability distribution based on degree of fault or risk. This research with analytical method to examine the issue and to accept the proposed approach is resorted to the Quran, Rational practice (Sire oqala) and Principles Governing the Punishment.