Amir ٍetemadi; Mehran Zalipoor
Abstract
Social developments require updating the legislator's perspective in line with these changes. While not tolerating commission of the crime and always seeking good response to anomalies, the community also cares about correcting the offender for socialization. The study of Islam's criminal resources and ...
Read More
Social developments require updating the legislator's perspective in line with these changes. While not tolerating commission of the crime and always seeking good response to anomalies, the community also cares about correcting the offender for socialization. The study of Islam's criminal resources and the place of repentance in this system indicates the emphasis on reforming man and his leadership to return to society. In this regard, the legislator, in note 2 of Article 278 of the Islamic Penal Code of 1392, has conferred on the Supreme Leader the power to pardon or convert the penalty of convicts to Nata’ziri imprisonments, on the condition of perpetrator’s repentance and expediency. This conferral of authority to the Supreme Leader is absolute in undesignated Ta'zir, but, in the designated penalties, with regard to their mere divine aspect, it is reflective. On the other hand, although the terms of the Penal Code refer to "expediency" or "religious designated Ta'zir", no attempt has been made by the legislator to clarify these terms. The achievement of the present article indicates that while expediency is justified in tolerance towards convicts, the legislator has not been able to clearly explain the matter without contradicting legal regulations ...
Abstract
Although the result of criminal behaviour against the person is often shown as some sort of physical injury, but in some cases, the committed behavior may cause the victim to fear and panic, fear that violence will be used against him in the near future. In these situations, the victim without takes ...
Read More
Although the result of criminal behaviour against the person is often shown as some sort of physical injury, but in some cases, the committed behavior may cause the victim to fear and panic, fear that violence will be used against him in the near future. In these situations, the victim without takes action against him/herself or another, because of the fear created, such as inflicting some harm, suffers some kind of psychological harm, so that it can be said that her psychical integrity is assaulted. In the English criminal system, this type of assault has a certain criminal title, But Iranian lawmaker do not pay attention to committing such conducts specifically, so the courts have to determine Arsh. However, comparative study of the mentioned behaviors in the two Iranian and English criminal systems indicates the need to criminalize, and also to determine the appropriate Taezir punishment for them, in particular.
