The Approach of the Islamic Criminal Penal Code (1392) to Incomplete Punishment

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GHIASI JALALALDIN; SALIMI EHSAN

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Journal: CRIMINAL LAW DOCTRINES Year:2017 | Volume:- | Issue:12 Page(s): 117-136

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Information Journal Paper

Title

The Approach of the Islamic Criminal Penal Code (1392) to Incomplete Punishment

Author(s)

GHIASI JALALALDIN | SALIMI EHSAN | Issue Writer Certificate

Keywords

incomplete punishmentQ2

have audacious for committing a crimeQ2

attemptQ2

inchoate crimesQ2

impossible offencesQ2

as an attemptQ1

Abstract

The Islamic Penal Code in Art. 122 has determined punishment especially for the beginning of crimes and in the note of this Article for impossible offences. Based on this Article, criminalization from attempt and impossible offences based on degree of punishment has adopted. With regarding the Islamic jurisprudential and legal issues and comparing the subject with the customary law, this paper aims to evaluate incomplete punishment in the Islamic penal code. Findings show that, it is not correct the legislator’ s inattention to the nature and types of crimes from the point of positive act or omission and from absolute and conditioned in the criminalization of attempt and it has caused the multiplicity instances of attempt. The severity of crimes is another complication of the Islamic penal code relating to incomplete punishment. It would be correct for impossible offences if the legislator considered the resolve of the dangerous state of the perpetrator for (instead of) punishments with the verdict of the provisional educational measures.

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APA: Copy

GHIASI, JALALALDIN, & SALIMI, EHSAN. (2017). The Approach of the Islamic Criminal Penal Code (1392) to Incomplete Punishment. CRIMINAL LAW DOCTRINES, -(12 ), 117-136. SID. https://sid.ir/paper/216129/en

Vancouver: Copy

GHIASI JALALALDIN, SALIMI EHSAN. The Approach of the Islamic Criminal Penal Code (1392) to Incomplete Punishment. CRIMINAL LAW DOCTRINES[Internet]. 2017;-(12 ):117-136. Available from: https://sid.ir/paper/216129/en

IEEE: Copy

JALALALDIN GHIASI, and EHSAN SALIMI, “The Approach of the Islamic Criminal Penal Code (1392) to Incomplete Punishment,” CRIMINAL LAW DOCTRINES, vol. -, no. 12 , pp. 117–136, 2017, [Online]. Available: https://sid.ir/paper/216129/en

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