List of Articles discretionary punishment

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  1 - The Relation of Crime and Sin in Iran’s Legal System
  Seyd Mohamadreza Ayati Hamze Esfandiyari
  “Crime” and “sin” are among the words used in everyday language assynonyms and interchangeable words. However, in the field of law,particularly Iran’s law, they are looked into differently. As far as history isconcerned, and since Iranian l More

  “Crime” and “sin” are among the words used in everyday language assynonyms and interchangeable words. However, in the field of law,particularly Iran’s law, they are looked into differently. As far as history isconcerned, and since Iranian law is under the influence of religious thought,there is a certain distinction between the two terms. Sin is a behaviourcontrary to divine or religious commands and prohibitions. However, crime isa legal term applied to modes of behaviour the prohibition of which is statedin law, no matter whether they are forbidden in divine law and religion or not.Following this attitude, if a certain mode of behaviour is forbidden in terms ofjurisprudence and divine law, but not prohibited in law, it is considered a sin.However, it would not be liable to prosecution in terms of law.Following the establishment of the Islamic Republic of Iran, thisapproach was considered deviation from religion. Thus the article 167 of theI.R.I constitution has removed the monopoly of criminalization from the law.So in default of law, judge is bound to refer to authoritative jurisprudentialsources or valid decrees (Fatwas). This attitude suggests the identity of sinand crime in Iran’s contemporary legal system.Hence, not only the prohibited acts stated in statutes are consideredcrimes, but those stated in jurisprudential sources are also liable toprosecution.Although this view involves a kind of precaution and suggests concernfor application of religious precepts and regulations, it is contrary to theintents of Divine Law as far as foundations are concerned. It also facesnumorous problems in terms of practice. So it seems impossible to findsolutions to these problems, And this attitude is not consistent with themodern process of legislation. Manuscript profile
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  2 - Quiddity of Authorized Discretionary Punishment in Jurisprudence and Islamic Penal Code
  Farzane Hekmatnejad masoud raei javad panjepour
  The entry of a discretionary punishment type in the Islamic Penal Code, known as the authorized discretionary punishment, and the legislator without explaining its concept and its implications with the provisions of paragraph 2, article 115 of the Penal Code, has been r More

  The entry of a discretionary punishment type in the Islamic Penal Code, known as the authorized discretionary punishment, and the legislator without explaining its concept and its implications with the provisions of paragraph 2, article 115 of the Penal Code, has been ruled out the application of certain legal provisions, and it has limited behavior, and causes uncertainty among activists in the salaries field, which the result of not resolving this ambiguity are the violating the rights of prisoners and confusing the activists of the salaries field, in particular judges in issuing rulings. The question now is that what are the implications and conceptions of such punishments? And what's the difference with limit? In response, it should be said that according to that the discretionary punishment is criminal which holy legislator when laying this type of punishment, are considered the conditions of time and place; it does not seem that the expression of the examples of such discretionary punishment in the language of holy legislator does not mean the definitive determination of this type of discretionary punishments; in fact, holy legislator is expressed this examples in the circumstances of that time. As a result, applying such discretionary punishment in the present situation are not considered to be a binding rule, but such discretionary punishments are subject to the general rules of discretionary punishments, that is "Al-Tha'zir be Ma Yarahe Al-Hakem". Manuscript profile
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  3 - An Approach to Public Disclosure as a Punishment in Shiite Jurisprudence focusing on Iranian Statute Law
  Zahra Mohadesi Abbas Ali Soltani
  10.22034/ijrj.2017.535539
        Public disclosure "Tash-heer" is one of the discretionary punishments which most jurisprudents consider as the chief punishment against perjury (false testimony) and according to the jurisprudence, it can also be enforced against false accusers of a More

        Public disclosure "Tash-heer" is one of the discretionary punishments which most jurisprudents consider as the chief punishment against perjury (false testimony) and according to the jurisprudence, it can also be enforced against false accusers of adultery ( Qazif), pimp (Qawad), defrauder (swindler) and insolvent. There are disagreements among jurisprudents regarding the philosophy, the cases and the qualities of enforcement of the public disclosure.  In the Iranian Statute Law, the public disclosure (Tash-heer) has also been recognized as one of the discretionary punishments and in various laws, including two important criminal laws, i.e., Islamic Penal Code and Criminal Procedure Code, cases applied and the method of enforcement has been stipulated.Today, two important questions are put forward in this regard: Firstly, can public disclosure as a punishment be used against offenses other than the crimes mentioned in the jurisprudential texts while having recourse to the unity of a single criterion (Vahdat-e-Melak) and manipulation (Tanqyh Manat) against other offenses including the emergent crimes? Secondly, despite the development of the societies and the advancement of technology and the emergence of the mass media such as TV, newspaper, internet, etc. shall public disclosure as a punishment be enforced as it was previously practiced and turn the offender around in public and/or can these media be used for the enforcement of the public disclosure? Subsequent to studying and conceptualizing the public disclosure in jurisprudence, stating the cases, the philosophy and the quality of enforcement of the public disclosure as well as expressing the views of the jurisprudents and also the status of the public disclosure in the Iranian Legal System and as stipulated the relevant legal articles, this paper makes an attempt to respond to the above mentioned questions through a descriptive and analytical method.  Manuscript profile
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  4 - Analysing Criminology of Attempt to theft in Statutory law ant Islamic Law
  Kiyomars Kalantari Hossein Kalantari
  According to article 655 of Islamic punishment code which appoints" the punishment for attempt to the above – mentioned thefts in previous articles is up to 5 years imprisonment and up to 74 lashesh.", Attempt to thefts of the previous articles is known by super & More

  According to article 655 of Islamic punishment code which appoints" the punishment for attempt to the above – mentioned thefts in previous articles is up to 5 years imprisonment and up to 74 lashesh.", Attempt to thefts of the previous articles is known by super – crime article. Although the expression of previous articles ‘seemingly includes all the thefts mentioned in article 655 of Islamic punishment code but procedure unity vote issued by general board of supreme court of the country by number and date of 635 and 8/4/1378, respectively was issued in such a way that many of jurists by deduction of it, knew just attempt to thefts mentioned in articles 651 through 654 of that code as crime. In this paper, the writers by studying judicial opinions and suitable scientific interpretation seek to consider attempt to all thefts mentioned in Islamic punishment code including theft with prescribed punishment except theft which has come after the article 655 of Islamic punishment code as crime.                                                                                                                                 Manuscript profile