The effect of removing of condemnation and decriminalize of Dar rule in the crimes punishable by Qisas with the approach of to the Penal Code in 1392
Dar rule is one of the most important items in Islamic criminal policy That it has Decriminalize and removing of Condemnation effect. Iranian Legislator at The1370 Islamic Penal Code fall Of punishment Subject However, paid independently at the Article 120 and 121 of the 1392 Islamic Penal Code in f...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2019-02-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_9405_6446294e0d501f2a62795d39788f9f68.pdf |
| Summary: | Dar rule is one of the most important items in Islamic criminal policy That it has Decriminalize and removing of Condemnation effect. Iranian Legislator at The1370 Islamic Penal Code fall Of punishment Subject However, paid independently at the Article 120 and 121 of the 1392 Islamic Penal Code in fall Of punishment Subject. Decriminalize indicate this fact That to reduce the harmful effects of punishment or decrease severely of punishment and or Otherwise be justified punishment The second mode is where after the crime be removed generally punishmen of the crime. in `removing of condemnation` what is considered, The removal of the accused and suspects from investigation process and acquitted the accused and fix conviction of his. Dar rule, in some cases, removed certain punishment while apply another penalty and in some cases, totally `removing of condemnation`. `. Legislative approach to such that extended also Dar rule to non- Hodud and this approach is in accordance with Dar absolute evidence rule because characterized according to the Qur'an and hadith evidence, The term "Had" In the documentary base, can not be only mean certain punishment and includes absolute punishment. Qisas crimes, |
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| ISSN: | 2345-3575 2476-6224 |