Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law
Probation before judgment is one of the new establishments of the Islamic Criminal Code and in its legal system that fails to have any legislative background in Iran. In this new establishment, we find a specific approach towards individuals who have committed some minor crimes, and the legislator h...
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Format: | Article |
Language: | fas |
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University of Qom
2015-05-01
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Series: | پژوهش تطبیقی حقوق اسلام و غرب |
Subjects: | |
Online Access: | https://csiw.qom.ac.ir/article_1022_3487385628edef38b98a6a075daae14f.pdf |
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author | Sadegh Salimi Mohammadali Kanani |
author_facet | Sadegh Salimi Mohammadali Kanani |
author_sort | Sadegh Salimi |
collection | DOAJ |
description | Probation before judgment is one of the new establishments of the Islamic Criminal Code and in its legal system that fails to have any legislative background in Iran. In this new establishment, we find a specific approach towards individuals who have committed some minor crimes, and the legislator has predicted the possibility of suspending their sentence for the sake of accommodating them with social norms and preventing the re-commitment of the criminal acts in case of necessary conditions. Probation before judgment has been established based on the principle of individualizing of punishments and is part of the institutions of pardon for the offenders. In the present text, we study the fundamentals and the domains of probation before judgment, its formatives, and substantial conditions and abolition of probation before judgment inthe Islamic Jurisprudence, the Iranian Law, and the United States Code. |
first_indexed | 2024-04-24T16:11:19Z |
format | Article |
id | doaj.art-a9fcdb47e8854bd3a3d33e2035459296 |
institution | Directory Open Access Journal |
issn | 2476-4213 2476-4221 |
language | fas |
last_indexed | 2024-04-24T16:11:19Z |
publishDate | 2015-05-01 |
publisher | University of Qom |
record_format | Article |
series | پژوهش تطبیقی حقوق اسلام و غرب |
spelling | doaj.art-a9fcdb47e8854bd3a3d33e20354592962024-03-31T19:04:42ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212015-05-01218110810.22091/csiw.2015.10221022Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States LawSadegh Salimi0Mohammadali Kanani1استادیار دانشکده حقوق دانشگاه آزاد اسلامی واحد تهران مرکز.دانشجوی دکتری حقوق جزا و جرم شناسی دانشگاه آزاد اسلامی واحد تهران مرکزProbation before judgment is one of the new establishments of the Islamic Criminal Code and in its legal system that fails to have any legislative background in Iran. In this new establishment, we find a specific approach towards individuals who have committed some minor crimes, and the legislator has predicted the possibility of suspending their sentence for the sake of accommodating them with social norms and preventing the re-commitment of the criminal acts in case of necessary conditions. Probation before judgment has been established based on the principle of individualizing of punishments and is part of the institutions of pardon for the offenders. In the present text, we study the fundamentals and the domains of probation before judgment, its formatives, and substantial conditions and abolition of probation before judgment inthe Islamic Jurisprudence, the Iranian Law, and the United States Code.https://csiw.qom.ac.ir/article_1022_3487385628edef38b98a6a075daae14f.pdfprobation before judgmentsimple suspensionobservatory suspensionperiod of careexemption from punishment |
spellingShingle | Sadegh Salimi Mohammadali Kanani Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law پژوهش تطبیقی حقوق اسلام و غرب probation before judgment simple suspension observatory suspension period of care exemption from punishment |
title | Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law |
title_full | Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law |
title_fullStr | Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law |
title_full_unstemmed | Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law |
title_short | Probation before Judgment in the Islamic Jurisprudence, the Iranian Law and the United States Law |
title_sort | probation before judgment in the islamic jurisprudence the iranian law and the united states law |
topic | probation before judgment simple suspension observatory suspension period of care exemption from punishment |
url | https://csiw.qom.ac.ir/article_1022_3487385628edef38b98a6a075daae14f.pdf |
work_keys_str_mv | AT sadeghsalimi probationbeforejudgmentintheislamicjurisprudencetheiranianlawandtheunitedstateslaw AT mohammadalikanani probationbeforejudgmentintheislamicjurisprudencetheiranianlawandtheunitedstateslaw |