Document Type : Research Paper

Authors

1 Associate Professor of Jurisprudence and Law, Guilan University, Rasht, Iran (Corresponding Author):

2 Graduated from the University of Guilan, Rasht, Iran with a Master's degree in Criminal Law and Criminology.

Abstract

Murder, as one of the major crimes in all legal systems, also faces severe criminal penalties in Iranian criminal law. According to the Islamic Penal Code of Iran, according to Islamic teachings, the provision of retribution for a victim or his progeny, which requires their request and has a private aspect, was designated as the only response to the crime. Given the lack of demand or impossibility of retribution, the legislator responds to public opinion and expects the perpetrator to be punished for disrupting public order and security or for fear of embarrassing the perpetrator or others, as a general punishment. The punishment is gradual and supplemental in various laws. Despite the legislator's efforts to develop the public aspect of all murder cases, there are significant legal and judicial challenges in this area that require coherence in criminal policy and review of regulations. In addition to reviewing legal developments, this article discusses the legal and judicial challenges and proposes a review of criminal policy and regulatory reform.

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