SUBSTITUTION OF QISAS IN THE IRANIAN CRIMINAL LAW

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MORADI HASAN

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Journal Paper

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Journal: CRIMINAL LAW RESEARCH Year:2018 | Volume:6 | Issue:21 Page(s): 73-114

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Information Journal Paper

Title

SUBSTITUTION OF QISAS IN THE IRANIAN CRIMINAL LAW

Author(s)

MORADI HASAN | Issue Writer Certificate

Keywords

SUBSTITUTION

MITIGATION

AGGRAVATION

VICTIM

Abstract

In addition to some legal institutions such as legal and judicial exemptions, the penal SUBSTITUTION shall be taken into account as well. The penal SUBSTITUTION, in its general sense, is an attempt toward the individualization of punishment, avoidance of the violation of the right of avenger/s of blood, avoidance of undermining the religion, restriction of imprisonment, and fulfillment of the fair judicial justice. At the present time, the SUBSTITUTION of punishment in the field of Hudud punishments, Qisasand Ta’zirat is applicable. However, the fundamental question which is raised is whether the conditions applied for Qisas are the same as what are applied for Hodud and Ta’zirat or not? The SUBSTITUTION of Ta’zirat is divided into two groups: legal and judicial. While the legal SUBSTITUTION is extensively subject to the conditions mentioned in the Penal Code, the judicial one is basically subject to the judges’ better judgment. But, the SUBSTITUTION of Hudud, the same as the legal SUBSTITUTION, is subject to mentioned conditions in law and depends on the agreement of the Supreme leader or head of the judiciary. Regarding the Qisas punishment, there are two types of SUBSTITUTION: Mandatory or legal and personal or voluntary. When the execution of Qisas, religiously, is not possible or permissible, it is compulsorily substituted by the blood money.

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APA: Copy

MORADI, HASAN. (2018). SUBSTITUTION OF QISAS IN THE IRANIAN CRIMINAL LAW. CRIMINAL LAW RESEARCH, 6(21 ), 73-114. SID. https://sid.ir/paper/266569/en

Vancouver: Copy

MORADI HASAN. SUBSTITUTION OF QISAS IN THE IRANIAN CRIMINAL LAW. CRIMINAL LAW RESEARCH[Internet]. 2018;6(21 ):73-114. Available from: https://sid.ir/paper/266569/en

IEEE: Copy

HASAN MORADI, “SUBSTITUTION OF QISAS IN THE IRANIAN CRIMINAL LAW,” CRIMINAL LAW RESEARCH, vol. 6, no. 21 , pp. 73–114, 2018, [Online]. Available: https://sid.ir/paper/266569/en

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