Examining the contexts of social abnormality and heterogeneity with good and humane morals, the phenomenon of civil responsibility of the crime of kidnapping in Iranian jurisprudence and law

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Rezaei Seyyed Javad; Chekandi Nejad Ali; razavi saiyed mohammad

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Journal: Ethical Research Year:2024 | Volume:15 | Issue:2 Page(s): 401-436

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Title

Examining the contexts of social abnormality and heterogeneity with good and humane morals, the phenomenon of civil responsibility of the crime of kidnapping in Iranian jurisprudence and law

Author(s)

Rezaei Seyyed Javad | Chekandi Nejad Ali | razavi saiyed mohammad | Issue Writer Certificate

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Abstract

Kidnapping is considered one of the crimes against physical integrity, which is considered important in all criminal laws of the world, including in our country, as a crime with moral and criminal responsibilities and a heavier punishment than similar crimes. The punishment for kidnapping in the new law on reducing prison sentences approved in the year 2019 is divided into two parts regardless of aggravated qualities. This means that if committing the material element of the crime of kidnapping is accompanied by violence or threats, the punishment of 4th degree imprisonment is considered for the perpetrator or perpetrators, which depending on the quality of the crime and the amount of participation in it for the guilty person may be between 5 and 10 years imprisonment. If in some cases the age of the victim or abducted person is less than 15 years, it is a case of child abduction. If kidnapping is carried out by a vehicle, or physical or dignified harm is inflicted on the rescuer or the abducted person, the maximum punishment prescribed by law will be applied to the criminal or criminals. Therefore, this research has been formed with a descriptive-analytical method with the aim of investigating the contexts of social anomaly and heterogeneity with good and humane morals of the phenomenon of civil responsibility for the crime of kidnapping in Iranian jurisprudence and law. Assuming that Islamic jurisprudence respects human property and life, man and everything that belongs to him has value, and causing any damage to him or his belongings is a guarantee and must be compensated for. We came to the conclusion that in Iran's jurisprudence and law, for the crime of kidnapping, in addition to criminal responsibility and the type of criminal punishment resulting from kidnapping, there are two forms of punishment and punishment for the protection of human beings and prevention of crime, civil liability is also for compensating the loss in two forms of punishment and punishment. Is considered.

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