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 ...
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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 ...
Sayyed Ali Razavi; Sayyed Mohammad Razavi; Abdoreza Asghari
Abstract
Abstract: Conspiracy in Egyptian Legislation is divided in two parts; General conspiracy and particular. Legislator of Iran in article 610 and 611, in the law of ta,zir, Have talked specially about conspiracy. In the first one has Generalized Criminalization of conspiracy into all offence against Internal ...
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Abstract: Conspiracy in Egyptian Legislation is divided in two parts; General conspiracy and particular. Legislator of Iran in article 610 and 611, in the law of ta,zir, Have talked specially about conspiracy. In the first one has Generalized Criminalization of conspiracy into all offence against Internal and external security and in the second one has depend it into prepare of executive acts and Failure because of a cause outside the will. Unlike the Iranian legislator that has taken all conspiracy with any degree as a crime in Egyptian Legislation it embrace just Offenses and crimes. Also in particular conspiracy the Crimes are separated exactly and can't be leaded to Muharebe while in Iran's law it can be result in Muharebe in conspiracy against security and in other crimes its retribution hasn’t any fitting whit offences against security. This article, that come to end whit Analytical and comparative method, has considered The law of Iran and Egypt and Legal doctrine and Expressed Difference and similarity and pay attention to distinctions between them and recommended Iranian legislator to added some acts and promote law.
