-
Open Access Article
1 - تحلیل اجتماع مسئولیت مباشر و مسبب در قانون مجازات اسلامی مصوب سال 1392 از دیدگاه حقوق خصوصی
رضا امین پور علی محمودیان چالبان ام البنین درویش پوریان -
Open Access Article
2 - نقش بزه دیده بر مسئولیت بزهکار در قانون مجازات اسلامی از منظر آموزه‌های بزه دیده شناسی علمی
جمال بیگی حکیمه یزدانی -
Open Access Article
3 - Sharia prescribed punishments, jurisprudential contradictions and legal ambiguities
mahdiar rahmandoostSharia punishments were a title that in the past was considered a mystery in law; However, when the recent Islamic Penal Code, under the title of prescribed Sharia punishments, explicitly included it in the text of the law and imposed conditions on it, the nature of the MoreSharia punishments were a title that in the past was considered a mystery in law; However, when the recent Islamic Penal Code, under the title of prescribed Sharia punishments, explicitly included it in the text of the law and imposed conditions on it, the nature of the definition and the determination of its instances became doubly important; An important matter that has not been addressed by the legislator and his assistants, nor by the few and limited efforts of the jurists, has reached a definite and consensus conclusion about its examples! This article is another attempt to find examples of this institution, which undertakes a more extensive exploration of the jurisprudential background of this discussion, carefully separates the limits and punishments, examines and categorizes different sayings in the number of limits, and tries to find examples of predestined punishments. Draw out from the opinions of the jurists. Finally, he takes a comparative look at the jurisprudence and the law of punishment and reaches different and astonishing conclusions about the examples of prescribed punishments in the Islamic Penal Code Manuscript profile -
Open Access Article
4 - Jurisprudential study and critique of the establishment of the religious limit of "corruption on earth" in the Islamic Penal Code 1392
aliakbar mohammadzadeh mohammadali heidari ahmadreza tavakkoliWarlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psycholog MoreWarlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psychologically and medically able to bear the punishment, so it remains to be seen whether, given the importance and severity of these two crimes, mental, psychological and medical disabilities can to be considered as just agents of punishment? This fundamental question provides the basis for independent research. Well-known jurists do not consider Muscat as a punishment for some mental illnesses such as insanity. However, the well-known arguments in this regard seem to be insufficient and are in conflict with some other arguments. Despite the innovation, the Islamic Penal Code and the Code of Criminal Procedure also have shortcomings. Therefore, the research hypothesis is that psychological problems, including insanity, which are confirmed by specialized doctors, can be the cause of the fall or conversion of the perpetrators of warlords and corruption on earth. The research method is descriptive-analytical using library resources. Manuscript profile -
Open Access Article
5 - Feasibility study of criminalization of some examples of vandalism in using some jurisprudential capacities of the Constitution and the Islamic Penal Code of 1392
Dr. Seyed Mohammad Reza Mousavi FardDestructionism or vandalism means the uncontrolled destruction of valuable cultural objects and artifacts or public property, which is considered a social anomaly. With the current approaches of criminal law in Iran, this social anomaly has not been criminalized in all MoreDestructionism or vandalism means the uncontrolled destruction of valuable cultural objects and artifacts or public property, which is considered a social anomaly. With the current approaches of criminal law in Iran, this social anomaly has not been criminalized in all its cases. In this article, we seek to answer the question that vandalism can be criminalized based on the criminal jurisprudential capacities in the Constitution and the Islamic Penal Code. Descriptive-analytical method should be specified; According to Articles 677 and 588 of the Penal Code of the Islamic Penal Code 92, the perpetrators can not be considered a criminal offense. The principle of necessity of observing individual rights in criminal law in jurisprudential criminalizations, the principle of necessity of public order and maintenance of public property treasury, resolving conflicts of jurisprudential criminalization with the principle of legality of crime based on rational and legal approaches based on jurisprudential and legal capacities for crime Some jurisprudential instances of jurisprudence have taken steps. Manuscript profile -
Open Access Article
6 - Qadf: Reviewing Muhaqeq Ardabili's Viewpoints and its Application to Islamic Penal Code of 2013
fateme koohmishi mansour amirzadeh jirkoli hosain saberiOne of the most important crimes against peoples' spiritual personalities is qadf (accusation of adultery or sodomy to a person) upon which there is a controversy among scholars in its related rulings. The majority of Imamiyah Jurisprudents considered it to be a crime c MoreOne of the most important crimes against peoples' spiritual personalities is qadf (accusation of adultery or sodomy to a person) upon which there is a controversy among scholars in its related rulings. The majority of Imamiyah Jurisprudents considered it to be a crime confined to the words, while some scholars such as Ardabili consider it beyond the words. Seemingly, Ardabili's viewpoints include the contemporary methods and the article 246 of the Islamic Penal Code is adaptable to Ardabili's standpoint. Deploying an analytical-descriptive method, the current research is carried out. Having investigated the concept of qadf and having proposed the scholars' popular opinions, the researchers reviewed Ardabili's viewpoint to investigate issues of qadf the researchers try to know that what is Ardabili's viewpoint controversy to the majority of scholars' and how much is the Islamic Penal code applicable to Ardabili's viewpoint? The findings of the research reveal that although the law-maker has followed the majority of Imamoyah scholar's opinions, it has approved Ardabili's viewpoint in some issues such as the method of attributing qadf. Manuscript profile -
Open Access Article
7 - Jurisprudential and legal assessment of the inclusion of the provision of Article 91 of the Islamic Penal Code for criminals with relative impairment of discrimination and perception
Fatemeh Noori roomanan abbas tadayyon Behnam Yousefian ShuredeliIn Article 91 of the Islamic Penal Code, the legislator has decreed a ruling that is defensible in some ways, but in some respects rejectable. The rejection of this substance is more important and its positive functions have been challenged. In some respects it can be c MoreIn Article 91 of the Islamic Penal Code, the legislator has decreed a ruling that is defensible in some ways, but in some respects rejectable. The rejection of this substance is more important and its positive functions have been challenged. In some respects it can be criticized that the removal of two punishments of Hadd and Qesas on condition of proof of doubt in the growth and perfection of intellect in adult offenders under 18 and the second possibility of the fall of these two punishments can only be noted in the case of adult offenders under 18 years of age that with a realistic attitude, there is no logical reason for either. In relation to the recent direction, the question arises whether the sentence of this article can be extended to the perpetrators with relative disabilities of the clean power according to this direction. This is a legal and jurisprudential point of view. This is a legal and jurisprudential point of view. It seems that if the philosophy of ratification of this article is proof of doubt in the development and perfection of the criminal mind, it should be said that none of the two directions reject the ruling of this article which has been mentioned above, and therefore, the ruling prescribed in this article is applicable to all offenders who have partial disabilities and comprehension, and therefore, it should be assumed that the criminals who suffer from this condition should not be assumed to be guilty of this condition. The realization of criminal responsibility and the impossibility of determining and executing the punishment, whether Hadd or Qisas or other punishments. The type of the paper, the foundation, its approach, descriptive-analytical, method of doing it, the library study and the means of collecting information in it are also jacking. Manuscript profile -
Open Access Article
8 - تحلیل و بررسی رابطه جرائم افساد فی‌الارض و امنیت ملی ایران
نغمه فرهود امیر وطنی -
Open Access Article
9 - بازگشت به دوره دادگستری خصوصی در عدالت کیفری نوین
محمد جوان‌بخت سهیلا محمدی -
Open Access Article
10 - Crime ignore the new Iranian Penal Code and Code of Criminal Procedure effects
Mehdi SoleimaniAbstract: When a criminal commits a crime he should be, principally, prosecuted, judged and punished. This rule has some exceptions. For example in forgivable crimes, punishment depends on private plaintiff's decision (opinion). Other important exceptions of crime ignor MoreAbstract: When a criminal commits a crime he should be, principally, prosecuted, judged and punished. This rule has some exceptions. For example in forgivable crimes, punishment depends on private plaintiff's decision (opinion). Other important exceptions of crime ignorance are discussed in unchaste crimes field. In these crimes, due to some reasons such as society interest, preventing spread of prostitution and prohibitions, the legislator proceeds on the issue of crime and as a feature of Islamic criminal policy ignorance following juridical resources. Considering importance of the issue in preserving chastity it has been discussed both in code of criminal procedure and Islamic Penal Code. Paying detailed attention to substantive and procedural law, some principles can be explored in the field of crime ignorance including: principle of crime ignorance in the field of unchaste crime and its absence in other crimes and etc. The aim of current study is to investigate such principles and their exceptions with critical analysis.Key words: crime ignorance, unchaste crimes, spreading prostitution, Islamic Penal Code, procedure code Manuscript profile -
Open Access Article
11 - Judicial-Lawful Survey of Recidivism by Emphasizing on Article 136 of IPC
yousef noraeiOne 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 MoreOne 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 Manuscript profile -
Open Access Article
12 - Study of the Social Aspect of Intentional Crimes against Physical Integrity in the Islamic Jurisprudence and the laws of of Islamic countries with Emphasis on the Iranian Law
Ruhollah Akrami Masoud HeidariThe intentional Crimes against physical integrity are among the crimes in which the private aspect is very colorful due to the direct harm to individuals. Therefore, the retribution as the main penalty like the blood money is given to victim or his/her parents. This iss MoreThe intentional Crimes against physical integrity are among the crimes in which the private aspect is very colorful due to the direct harm to individuals. Therefore, the retribution as the main penalty like the blood money is given to victim or his/her parents. This issue has led some to ignore the separate right to punishment for society. In Islamic jurisprudence and consequently in the regulations of Iran, the discussion of the legitimacy of the ta'zir of the perpetrator in in case of retribution, the subject of the social aspect of crime, had become one of the challenging issues after the victory of the Islamic Revolution. In the Islamic Penal code adopted in 2013, by enacting general provisions in Article 447, has tried to regulate the ta'zir of the crimes in a disciplined manner, although the amount of ta'zir, especially in the case of physical crimes less than murder, is very ambiguous. In other Islamic countries, too, the social aspect of the crime has been recognized. In the present article, with a descriptive analytical method, this issue has been studied in a comparative manner according to the jurisprudential principles which indicated the strength of the position of identifying the social aspect of intentional crimes in perspective of jurisprudential documents. In addition in our legal system, the punishment of social aspect in murder according to Article 612 of the Book of Ta'zirat, and Physical crimes less than murder, if they are examples specified in Article 614 or committed with a weapon, will be determined in accordance with this article, otherwise alternative punishments of imprisonment will be imposed. Manuscript profile -
Open Access Article
13 - Examining the relevance of ignorance to the Shari'a ruling in criminal liability
seyed mohammad sadri Abedin Momeni Mohammad Mehdi Karimi Salimi Ignorance is one of the less frequent but very important concepts in Iranian criminal law. The legislator did not provide a precise definition of ignorance, and in Article 155 of the Islamic Penal Code, the meaning of ignorance is used in an indefinite manner, as More Ignorance is one of the less frequent but very important concepts in Iranian criminal law. The legislator did not provide a precise definition of ignorance, and in Article 155 of the Islamic Penal Code, the meaning of ignorance is used in an indefinite manner, as it considered ignorance of the ruling as a legitimate excuse. In Article 217, one of the conditions for the implementation of the limit is the awareness of the criminal about the sanctity of his behavior. Therefore, the meaning of ignorance should be obtained in jurisprudence, because the fundamental concepts of Iranian Islamic law originate from jurisprudence and the principles of Twelver Imam Shia jurisprudence. By examining the history of the debate from ignorance to judgment in the two sciences of jurisprudence and jurisprudence, this research seeks to find an answer to the definition of ignorance in the Islamic penal law of Iran, especially Article 155 of the Islamic Penal Code on the issue of ignorance to judgment from a Sharia point of view. The summary of the research is that according to Sharia, if the ignorant person is incapable or the guilty party is not complicit, his ignorance is considered as an excuse in Sharia and is punishable. Otherwise, his claim of ignorance will not be accepted. Manuscript profile -
Open Access Article
14 - Interference Decrees in the Crimes Subject of lex talionis (Qisas) Envisaged under Islamic Penal Code Adopted in 2014
Elnaz Minoei Babak PourghahremaniOne of the notable innovations in the Islamic Penal Code Adopted in 2014 concerns its attention to ‘Interference of Crimes’ which is known as the ‘Interference of Reasons’ under Islamic Jurisprudence denoting different and various intentional cri MoreOne of the notable innovations in the Islamic Penal Code Adopted in 2014 concerns its attention to ‘Interference of Crimes’ which is known as the ‘Interference of Reasons’ under Islamic Jurisprudence denoting different and various intentional crimes perpetrated with a single or multiple strikes by the criminal to the victim. The mentioned law, over the 2nd chapter of the Book of lex talionis (Qisas), elaborates the issue of ‘Interference of Crimes’ aiming to obviate the legal vacuum. Although in the occurrence of crimes the main prevalent principle is non-interference of reasons but, in some specific cases the interference of reasons has been accepted as such that whenever multiple crimes are perpetrated by the criminal against the victim through a single strike, interference of reasons has happened, when various crimes occur through various strikes and the interference of reasons happens if the strikes are done consecutively; otherwise, no interference of reasons is envisaged. Manuscript profile -
Open Access Article
15 - تحلیل و بررسی رابطه جرائم افساد فی‌الارض و امنیت ملی ایران
نغمه فرهود امیر وطنی -
Open Access Article
16 - جلوه هایی از کارکردهای تفضیلی عرف در نظام کیفری تقنینی ماهوی عمومی
محسن موحدی فرد منصور رحمدل محمد جعفر ساعد -
Open Access Article
17 - جواز قتل در فراش؛ تاکید دوباره در قانون مجازات اسلامی مصوب 1392 در راستای جواز قتل مهدورالدم
محدثه صادقیان لمراسکی کیومرث کلانتری ایرج گلدوزیان -
Open Access Article
18 - Investigation of Verdict of Homicide Due to Mistaken Target in ImamiyaFiqh
elham salehi Aliakbar jahaniMistake in murder is one of the controversial issues in jurisprudence and criminal law, and its different forms include: mistake in identity, mistake in purpose, and mistake in action. Considering the fact that the legislator in the Islamic Penal Code approved in 2012 h MoreMistake in murder is one of the controversial issues in jurisprudence and criminal law, and its different forms include: mistake in identity, mistake in purpose, and mistake in action. Considering the fact that the legislator in the Islamic Penal Code approved in 2012 has explicitly discussed the mistake in identity, but the sentence of the other two cases has not been specified in the law, among the great jurists and according to them, among the jurists, in the sentence of mistake in the purpose of the dispute. Is. What is debatable about the issue of mistake in the target is whether the murder caused by the mistake in the target is considered intentional or pseudo-intentional or a pure mistake? Does the perpetrator deserve retribution or should he pay ransom? Considering the legal gap that exists in this type of murder, re-reading and criticizing the foundations of jurisprudence in a library and documents method as well as using a descriptive-argumentative and analytical-interpretive method indicates that whenever a life is killed in If the target is mistakenly committed to murder against him, the act committed is considered as intentional and the murderer will be entitled to pay the ransom, unless the perpetrator of the murder is the target person, but due to a mistake in the target, the shot hits another target, which is not his intention. and is killed and there is a possibility of injury, in this case it is considered intentional murder. Manuscript profile
Sanad
Sanad is a platform for managing Azad University publications
Links
Related Centers
Technical Support
Official pages
The rights to this website are owned by the Raimag Press Management System.
Copyright © 2021-2024