Subsidiary Punishments in Murder

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Shiri Varnamkhasti Abbas

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Journal Paper

Paper Information

Journal: Criminal Law Doctrines Year:2023 | Volume:19 | Issue:24 Page(s): 229-260

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Information Journal Paper

Title

Subsidiary Punishments in Murder

Author(s)

Shiri Varnamkhasti Abbas | Issue Writer Certificate

Keywords

Subsidiary (consequential) punishment

intentional murder

unintentional murder

deprivation of inheritance

Testator

Hajib

Abstract

Subsidiary punishment, based on the principle of the legality of punishments, is imposed on the perpetrator in addition to the main punishment, depending on the commission of the crime. Subsidiary (Consequential) punishment requires a provision in the law. In intentional murder, the perpetrator is deprived of inheriting property and Diye (blood money) and in quasi-intentional murders and sheer mistake, he is deprived of inheriting Diye. If there are justified reasons for the crime, such as legitimate defense and the law, this punishment will not be applied to the perpetrator. However, in the cases of factors that eliminate criminal liability, such as murder by a minor and an insanity, forced, murder in sleep, unconsciousness, and murder by mistake, the perpetrator is deprived of inheritance. The application of exclusion in inheritance is not limited to the heir, and the possibility of applying it to the Testator, the heir, and the deputy in the case of murder needs to be investigated. deprivation of inheritance in case of murder is a preventive measure against the occurrence of murder, so that people who commit murder with greed to reach the deceased’s estate, refrain from committing it.

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