Jurisprudential and legal feasibility of abolishing the death penalty for the crime of disrupting the economic system in Iranian law with an emphasis on judicial procedure in Iranian law.

Subject Areas :

jebraeil nozohor ¹ , anahita seifi ² , reza fani ³

1 - PhD student in criminal law, Ardabil Azad University
2 - assistant professor of faculty law allameh tabatabei university
3 - Assistant Professor, Department of Law, Faculty of Theology, Shahid Madani University of Azerbaijan.

Received: 2022-10-11 Accepted : 2022-11-19 Published : 2022-11-22

Keywords: Execution, Disruption of the economic system, economic crimes, Judicial Procedure, corruption in the land,

Abstract :

The death penalty is considered to be one of the most challenging legal issues, as some legal systems have abolished this punishment under the influence of international and regional human rights documents, but some still apply it to serious crimes and there is a consensus on its general abolition worldwide. not achieved Therefore, according to the importance of the death penalty, this research with a descriptive and analytical method does not answer the question, is there a possibility of abolishing the death penalty in the crime of disrupting the legal system of Iran? The findings of this research show that the legal basis for criminalization and the imposition of the death penalty in the said crime is based on the general title of corruption in the land and does not have reasonable jurisprudential standards. In addition, the judicial procedure also faces challenges such as ambiguity in the cases, inconsistency of legislative criminal policy with judicial criminal policy, limitation of fair trial standards and defendants' defense rights. The result of this research shows that in terms of jurisprudential and legal rules and principles, including the principle of caution in temperature, the rule of law, the principles governing criminal law and the need to pay attention to human rights standards, the death penalty as a repressive criminal response should be an exception and limited to the most important cases and should not expand its scope with a wide interpretation.