EXAMINING THE FOUNDATIONS, EFFECTS AND CONDITIONS OF ALL KINDS OF AMNESTIES BY LOOKING AT THE NEW PENAL CODE

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SHAHRYARI AKBAR

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Journal Paper

Paper Information

Journal: JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR) Year:2017 | Volume:2 | Issue:2 Page(s): 235-257

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Title

EXAMINING THE FOUNDATIONS, EFFECTS AND CONDITIONS OF ALL KINDS OF AMNESTIES BY LOOKING AT THE NEW PENAL CODE

Author(s)

SHAHRYARI AKBAR | Issue Writer Certificate

Keywords

GENERAL AMNESTYQ1

PRIVATE AMNESTYQ1

CRIMEQ2

PUNISHMENT LAW1392Q1

Abstract

The present research seeks to investigate the results and conditions of different kinds of Amnesties.in this regard the criminal laws enacted on 1392 are considered. The research methodology is descriptive-analytic and data are gathered from library resources. The main purpose pf this research is to discuss the foundations, results and required conditions for Amnesty fulfillment and to clarify the legal aspects of this issue.to this end the Islamic resources and lawyers’ views are referred to. Amnesty enactment causes the society to be improved and to be safe and results in improving the criminals. There are two kinds of Amnesties including general and PRIVATE AMNESTY. The PRIVATE AMNESTY which relates to punishment and causes it to be nulled will be issued by the country’s highest political authority. In the Islamic Republic of Iran, the Judiciary Chief offers the PRIVATE AMNESTY and the great leader approves it. According to article 96, the condemned people’s Amnesty is conditioned upon the leader’s approval and According to article 97, the GENERAL AMNESTY causes the lawsuit and procedure to be stopped and punishment and condemnation to be nulled. According to article 98, PRIVATE AMNESTY causes all results of condemnation to be nulled. However, this is not true regarding delay in payment of blood and compensation of damages. The GENERAL AMNESTY is executable in all stages of criminal procedure, including discovery, primary investigations, lawsuit, procedure and execution of judgment, while the PRIVATE AMNESTY is executable after the judgment is issued.

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APA: Copy

SHAHRYARI, AKBAR. (2017). EXAMINING THE FOUNDATIONS, EFFECTS AND CONDITIONS OF ALL KINDS OF AMNESTIES BY LOOKING AT THE NEW PENAL CODE. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), 2(2), 235-257. SID. https://sid.ir/paper/259647/en

Vancouver: Copy

SHAHRYARI AKBAR. EXAMINING THE FOUNDATIONS, EFFECTS AND CONDITIONS OF ALL KINDS OF AMNESTIES BY LOOKING AT THE NEW PENAL CODE. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR)[Internet]. 2017;2(2):235-257. Available from: https://sid.ir/paper/259647/en

IEEE: Copy

AKBAR SHAHRYARI, “EXAMINING THE FOUNDATIONS, EFFECTS AND CONDITIONS OF ALL KINDS OF AMNESTIES BY LOOKING AT THE NEW PENAL CODE,” JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), vol. 2, no. 2, pp. 235–257, 2017, [Online]. Available: https://sid.ir/paper/259647/en

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