salman nasrollahi boroojeni; Mohammad reza kazemi golvardi
Abstract
'Tajarry' is always one of the controversial issues with involved crime in the field of the philosophy of criminal law and on the other hand it is elegantly linked to the philosophy and theology.In criminal law, 'Tajarry' is considered as an impossible crime. Of course, that criminalization is faced ...
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'Tajarry' is always one of the controversial issues with involved crime in the field of the philosophy of criminal law and on the other hand it is elegantly linked to the philosophy and theology.In criminal law, 'Tajarry' is considered as an impossible crime. Of course, that criminalization is faced with a delimma challenges.This article is a discussion of this topic seeking answer to these quastions;First : is proof of punishment for 'Motajarry' stopped on proof of object indecency and subject indecency?Secondly: what is the legal nature of impossible crime?Thirdly: is 'Tajarry' criminalization justified?The approach is that; there is no doubt in 'Tajarry' subjective indecency.And suppossing proof of 'Tajarry' objective indecency proof of punishment is difficult.So 'Tajarry' criminalization as a rule based on religious ethics is not justified.Moreover the reality of criminalization in 'Tajarry' suggests that the islamic penal code (1392) with an ethical approach have been seeking maximum defense from moral blame and this is while based on religious morality defense of the impossible crime, criminalization not justified as a rule.
