Ahmad Mortazi; Amir Amiran Bakhshayesh
Abstract
Abstract:Various views have been raised concerning the rule of law, but what have been accepted by most jurisprudents are the existing narratives in this regard. Even though the existing narrations are absolute and arbitrarily controversial in all its forms, the legislator, in Article 121 of the ...
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Abstract:Various views have been raised concerning the rule of law, but what have been accepted by most jurisprudents are the existing narratives in this regard. 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. The present study shows that such a separation is inadequate in terms of jurisprudential basis and contradicts the general and general narratives related to the rule of dar’e. The reasons given by the scholars in justifying this separation are one-dimensional and obscure, and therefore not acceptable. The present study seeks to analyze the bases and arguments presented in order to justify the four exceptions of Article 121 of the Criminal Code.
ahmad mottazi; amir amiran bakhshayesh
Abstract
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 ...
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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,