jalalodin Ghiasi Articles List

List of Articles jalalodin Ghiasi

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1 - Evaluating Juvenile Penal Code in Islamic Jurisprudence in Iran
jalalodin Ghiasi masoud heidari
20.1001.1.26455013.1392.9.32.5.2

Limiting an exact age by presenting a determined criterion as to the beginning of the period when an under aged begins to behave like an adult and is considered as a liable person is of necessity in all legal orders, including the criminal law of the Islamic republic of More

Limiting an exact age by presenting a determined criterion as to the beginning of the period when an under aged begins to behave like an adult and is considered as a liable person is of necessity in all legal orders, including the criminal law of the Islamic republic of Iran. Here, the issue of coming of age and being a responsible person in front of law, according to Quran verses is analyzed and compared with the legal and psychological opinions regarding the presented standards by the impeccableâ€™s on puberty through verses in Quran specially the level of its comparison with puberty criterion and penal liability that exists in Iran which is implemented according to the ideological nature of religious laws in Iran. Manuscript profile
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2 - Interference Rule in Therapeutic Abortion
Jalodin Ghiasi Zahra Habibi
20.1001.1.26455013.1394.11.41.5.4

Therapeutic abortion is a kind of termination of pregnancy that has medical application. Although act to abort is considered forbidden in the most of the legal systems, but in some cases, exceptionally it is allowed one case in which the abortion is allowed is interfere More

Therapeutic abortion is a kind of termination of pregnancy that has medical application. Although act to abort is considered forbidden in the most of the legal systems, but in some cases, exceptionally it is allowed one case in which the abortion is allowed is interference rule. According to this rule, due to abnormality of embryo and keeping mother&#39s health, the abortion is possible before insufflations of spirit and based on single article of Therapeutic Abortion, but in accordance with the single article, after insufflations of spirit, abortion is impossible. Therefore, by virtue of note of Art. 718 of Islamic Penal Code approved in 2013, in order to keep mother&#39s health, the abortion is allowed even after insufflations of spirit. The jurists prescribe abortion before insufflations of spirit for therapeutic cases. Some of jurists believe that even after insufflations of spirit in the embryo, if it would be proved that existing of embryo threaten mother&#39s health, abortion of such embryo is allowed It looks that the jurists who donâ€™t believe in abortion after insufflations of spirit, if state their reasoning based on interference rule- most important â€“ important, then they change their idea. In the other word, intellectually we can diagnose that due to reduce more damage, the theory of abortion even after insufflations of spirit shall be empowered and identified and executed Manuscript profile
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3 - Examining the objections of the rule of multiple punishments regarding the deputy and the director of crime in fifth and sixth degree criminal offenses from the perspective of legislative policy and rules of criminal law
SEYYED MOHAMMAD SADEGH HOSSEYNI Jalalaldin GHasi
10.22034/ijrj.2022.691890

20.1001.1.26455013.1401.18.67.2.2

Multiplicity of crimes is one of the aggravated factors for punishment. In the Islamic Penal Code passed in 2013, has intensified the punishment of the person who committed several first to sixth degree crimes that its result is the execution of the most severe punishme More

Multiplicity of crimes is one of the aggravated factors for punishment. In the Islamic Penal Code passed in 2013, has intensified the punishment of the person who committed several first to sixth degree crimes that its result is the execution of the most severe punishment from numerous convictions. On the other hand, the legislator did not predict intensification of punishment in seventh- and eighth-degree crimes and predict the rule of summation of punishments in the both degrees. Also, the punishment of accessary in one to two degrees lower than the punishment for the committed crime. If a person assists in two or more fifth- or lower-degrees crimes, his punishment increase from the main perpetrator. So, the purpose of this article is checking the objectives that the punishment of accessary is more severe than the main perpetrator. In this article at first, we investigate the articles about multiplicity of crimes and assistance in crime and different assumptions in the degrees of custodial crimes. Also, we explore the consultative theories in this issue. At the end the result is when check the procedural unity votes and consultative theories that have common criteria with this issue and according to priority analogy, we conclude that the punishment of the crime assistant cannot be more intense than the main perpetrator. Also, the justice and fairness confirm the theory. However, there is legal objection in this context and the only solution is correction of related articles in the Islamic Penal Code. Manuscript profile

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List of Articles jalalodin Ghiasi