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Narrative analysis of the term of "weapon" in the substantiation of the crime of moharebeh (A Critique of Article 279 of the Islamic Penal Code)
Published 2021-02-01“…In the Islamic Penal Code adopted in 2013, the legislator of the Islamic Republic of Iran considered the definition of the crime of the crime of moharebeh (waging war against God or people) to be conditional on being armed, while, on one hand, the definition of a vast number of jurists does not regard this condition and in the known definition, according to some Jurisprudence and useful evidences, are the dominant assurance and not the avoiding, and on the other, it is implied from jurisprudential documents that if the battle is realized, the mentioned condition is not expressed and in case of non-occurrence of the battle and in case of only deprivation of public security, mentioning this condition does not mean that it constitutes a part of the subject, but it means the expression of the predominant condition. …”
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A Jurisprudential and Legal Analysis of Combating against Female Trafficking with a Glance at the Relevant International Documents
Published 2015-09-01Subjects: Get full text
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Comparative Investigation of Repentance in Penal Law and Imamihe Jurisprudence in the fall of Punitive Penalties
Published 2019-07-01“…But in other areas (except for moharebeh), if the accused repent before the crime is proved, then Muscat is the maximum in addition to the other conditions, and in the moharebeh of this stage, you must be before arrest or domination. …”
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Analysis of penal policy overseeing the Hudod (definite punishments) in the Islamic Penal Code 2013 (Approaches, innovations, shortcomings)
Published 2022-06-01“…Therefore, there are less ambiguities in issues such as adultery while intoxicated and sleeping, the amount of Ta'zir (indefinite punishment) in case of abolition of definite punishments and also the stipulation of crimes related to Moharebeh (Armed uprising( and also specify the criminalizations of Moharebeh and Ghavadi (Panderism)crimes in the Islamic Penal Code approved in 2013.Generalization of similar rules in matters such as the application of the judge's knowledge, the effect of repentance on the abolition of Had (definite) crimes, the effect of denial after confession, and also the repetition of Had (definite) crimes, along with the elimination of unnecessary regulations, such as the removal of the hidden clause from the definition of theft, the removal of the general conditions of criminal liability from the conditions of Had theft is also among the legislator's actions in the 2013 Islamic Penal Code. …”
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Reflection on the Exceptions to Article 121 of the Islamic Penal Code (approved in 1392)
Published 2021-09-01“…Even though the existing narrations are absolute and arbitrarily controversial in all its forms, the legislator, in Article 121 of the Criminal Code, excludes four cases of moharebeh, corruption, theft, and qazf,. It means that mere doubt does not lead to the rule of dar’e in these four cases; rather, the rule applies in other stages where no contradictory reason can be found. …”
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Analyzing the concept of expediency and its application in Shariah punishments with a look at the Islamic Penal Code
Published 2022-09-01“…This issue is also true regarding the punishment of stoning, amputation, amputation, and amputation of hands and feet, for crimes such as adultery, robbery, and moharebeh.…”
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Limits of credit of foreign criminal sentences issued under universal jurisdiction
Published 2015-09-01“…If universal jurisdiction is concerned about a crime, even though that crime have a punishment (Moharebeh or corruption on earth), our country`s courts do not have the right to address the issue again. …”
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