AN INQUIRY ABOUT CRIMES AGAINST INTERNAL ORGANS: CRITICAL READING INTO THE SPECIFIED ATONEMENT STATED

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MAHMOUDIYAN ESFAHANI KAMRAN; YOSEFZADEH ALI; SHIRZAD OMID

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Journal: CRIMINAL LAW RESEARCH Year:2017 | Volume:5 | Issue:19 Page(s): 9-40

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Information Journal Paper

Title

AN INQUIRY ABOUT CRIMES AGAINST INTERNAL ORGANS: CRITICAL READING INTO THE SPECIFIED ATONEMENT STATED

Author(s)

MAHMOUDIYAN ESFAHANI KAMRAN | YOSEFZADEH ALI | SHIRZAD OMID | Issue Writer Certificate

Keywords

INTERNAL ORGANS

LOSS OF ORGAN

ARSH

THE RULE OF PAIRED AND SINGLE ORGANS

ART. ATONEMENT

Abstract

The sentence for the compensation on damaging and dissipation of INTERNAL ORGANS in the Criminal Code of 1982 (laws for wergild/atonement) and 1991 (Islamic Penal Code) was not observed. However, the legal precedent set in this case followed the same approach as the atonement in non-fatal cases. The adoption of art.563 of the Islamic Penal Code in 2013, extended the principle of odd and even in cases of INTERNAL ORGANS loss, and suddenly dispersed the aforementioned procedures. In this article, alongside the explanation and analyzing the fundamentals of jurisprudence and the legal precedent before and after the adoption of the mentioned article, we have come to the conclusion that from the view of the jurisprudence, based on clear evidence variety, the term implying traditions on the common internal and external organs is problematic. Hence, the Hadiths on the subject deal with external organs. Additionally, the current subject of the said article based on "fixed atonement" for the loss of INTERNAL ORGANS is contrary to the theory of "reformed or nominal justice” of civil liability and is also opposed to the principle of proportionality in the criminal law.

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Medical-Legal Investigation of Crime against Persons' Auditory System with Cochlear Implant

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APA: Copy

MAHMOUDIYAN ESFAHANI, KAMRAN, YOSEFZADEH, ALI, & SHIRZAD, OMID. (2017). AN INQUIRY ABOUT CRIMES AGAINST INTERNAL ORGANS: CRITICAL READING INTO THE SPECIFIED ATONEMENT STATED. CRIMINAL LAW RESEARCH, 5(19 ), 9-40. SID. https://sid.ir/paper/266602/en

Vancouver: Copy

MAHMOUDIYAN ESFAHANI KAMRAN, YOSEFZADEH ALI, SHIRZAD OMID. AN INQUIRY ABOUT CRIMES AGAINST INTERNAL ORGANS: CRITICAL READING INTO THE SPECIFIED ATONEMENT STATED. CRIMINAL LAW RESEARCH[Internet]. 2017;5(19 ):9-40. Available from: https://sid.ir/paper/266602/en

IEEE: Copy

KAMRAN MAHMOUDIYAN ESFAHANI, ALI YOSEFZADEH, and OMID SHIRZAD, “AN INQUIRY ABOUT CRIMES AGAINST INTERNAL ORGANS: CRITICAL READING INTO THE SPECIFIED ATONEMENT STATED,” CRIMINAL LAW RESEARCH, vol. 5, no. 19 , pp. 9–40, 2017, [Online]. Available: https://sid.ir/paper/266602/en

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