General and exclusive criminal law
Hossein Mirmohammad Sadeghi; Nastaran Aghaee; Mohammad javad Darvishzadeh
Abstract
Under Article 136 of the Islamic Penal Code (approved in 2012), the legislator has outlined the sentence of repetition in Hadd crimes. In accordance with this article, the punishment for committing a Hadd offense for the fourth time is death. However, neither the text of the law nor the legal doctrine ...
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Under Article 136 of the Islamic Penal Code (approved in 2012), the legislator has outlined the sentence of repetition in Hadd crimes. In accordance with this article, the punishment for committing a Hadd offense for the fourth time is death. However, neither the text of the law nor the legal doctrine addresses the case in which there is a mistake in counting the number of times the Hadd is applied. As an example, in the event that the perpetrator is punished four times with the same Hadd punishment, the death sentence can be imposed on them the fifth time, in accordance with Article 136.The present study is intended to answer the following question: "What is the effect of making a mistake in counting the repetitions of the Hadd punishment?" There are many examples of making a mistake in counting the number of times the Hadd punishment has been enforced, and it is possible to approximate more or less the number of repetitions, even though a number of examples are provided in the jurisprudence in this case.It is possible to consider three hypotheses in relation to the impact of the mistake on the punishment for repeating the Hadd: 1) The absolute absence of the consequence of the mistake in counting how many times the Hadd is executed, and the allowance of executing the death sentence in subsequent rounds. 2) The relative impact of the mistake, in such a way that if the perpetrator is responsible for the mistake, the mistake is not effective in counting the number of times the sentence is executed, and if the perpetrator is not the person responsible for the mistake, the fulfillment of the mistake will result in the exemption from the death sentence. 3) The absolute effect of the mistake and the prohibition of executing the death sentence in future rounds.In the present research, firstly, various cases in which a mistake was found in counting the number of repetitions were examined, then the three hypotheses mentioned were assessed based on the examples mentioned, and finally, the hypothesis of the absolute effect of the mistake in the number of repetitions, which caused the punishment prescribed in Article 136 to be extinguished is favored.
Hadi Rostami; farhad mirzaei
Abstract
There are no fixed criteria for sentencing across all penal justice systems and they often vary as a result of social circumstances. Apart from having been rooted in its philosophical and ideological fundaments, punishment is a social event which is directly affected by industrial development and civilization ...
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There are no fixed criteria for sentencing across all penal justice systems and they often vary as a result of social circumstances. Apart from having been rooted in its philosophical and ideological fundaments, punishment is a social event which is directly affected by industrial development and civilization progress. An offense is a personal choice since it is normally a consequence of an individual’s reason whereas punishment is an act of collective wisdom following common reasoning of a group. Even though violence is still prevalent in crime in all societies, civilized humans are not allowed to openly apply violence in punishment and no one simply accepts to use it as harsh punishment. At present, employment of violence by the government as part of punishment is subject to such a lot of restrictions that governments do not possess their former freedom in punishment anymore. Demonstration of severity of punishment has gradually disappeared and now punishment systems have been transformed and rationalized due to modern civilization. Along with modernity, apparent demonstration of violence in the form of death carnivals has left the social scene and logic and modern rationality have set in throughout all aspects of human life, especially social reaction to crime.
mohammad haddadzadeh; mohammad hhabibzadeh; mohammad faragiha
Abstract
Abstract The logic of benefic cost which forms the base of some ideas named as the economic theories to explain the offences, although it was stated by Gary Becker the economist, so its roots can be seen in idea of Beccaria and Bentham in the 18th century.. This logic beside its strength points has become ...
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Abstract The logic of benefic cost which forms the base of some ideas named as the economic theories to explain the offences, although it was stated by Gary Becker the economist, so its roots can be seen in idea of Beccaria and Bentham in the 18th century.. This logic beside its strength points has become a serious support to protect the execution resorting to its preventive function. Analyzing the drug offenders’ decision procedure is necessary to evaluate this claim and to emphasize or reject the deterrence of execution. Indeed , in drug offences in Iran, confidence in some conditions such as logic calculations and standard percentage of committed offences , the offenders’ knowledge about the benefits and risks of the crime, possibility of voluntary decision making and selection of the type and weight of the materials. While, analysis the present situation and referring to the judges’ evidences and experiences indicate that for some reasons such as the chained structure of smuggle in the country and conditions of the south-eastern regions and the characteristics of the accused, this confidence is not present
Abdolreza javan jafari; Muhammad Saleh Esfandiari Bahraseman
Abstract
In the present study, regardless of the Penological and philosophical aspects, the effect of sociological changes and factors on the increasing of death penalty, as well as, its reduction in relation to Drug crimes were studied. In this regard, a question titled "what are the main reasons of increasing ...
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In the present study, regardless of the Penological and philosophical aspects, the effect of sociological changes and factors on the increasing of death penalty, as well as, its reduction in relation to Drug crimes were studied. In this regard, a question titled "what are the main reasons of increasing the death penalty for some drug traffickers in early years of the revolution and during of the imposed war and executed in public by considering the "punishment and social solidarity" theory. In those times, death penalty have been as the emotional expression and reflection of community anger against violation of social values. However, death penalty has presented the most important function in those social situation. During the time, the attitude of people and elites towards the punishment and especially death penalty on drug crimes in terms of advection of socio-cultural evolutions and the change of values in the context of society was upgraded. One of the most important signs of mentioned evolution is the lack of execution of the death penalty in public.
Jafar Kusha; Hamid Gholami
Volume 2, Issue 7 , July 2014, , Pages 9-39
Abstract
AbstractEvery society reacts in certain ways to criminal acts such as murder. In thisessay, the reaction of Afghani legal system to the crime of murder andelements of murder will be examined. Firstly, through the introduction,different types of punishment prescribed in Afghani Criminal Act will beaddressed, ...
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AbstractEvery society reacts in certain ways to criminal acts such as murder. In thisessay, the reaction of Afghani legal system to the crime of murder andelements of murder will be examined. Firstly, through the introduction,different types of punishment prescribed in Afghani Criminal Act will beaddressed, as well as the issue of implementation or non-implementation ofQisas (religious punishment providing that murder’s blood must be shed)which has given rise to ambiguity in punishment of murder. Under theheading of Mens Rea in the first book of the Afghan Criminal Act, theconcepts of criminal intention and contingent intent have been recognized.Thus, crime of murder, accordingly, can be categorized into murder in theabsolute sense and presumed as a murder. In the first part, the punishmentfor the murder in the absolute sense and the impacts of exacerbatingcircumstances on that will be considered. The second part will be dedicatedto the analysis of the presumed murder. Finally, the consequential andcomplimentary punishments and civil liability arising out of the murder willbe briefly dealt with in the third part.
