THE LEGAL - JUDICIAL CHALLENGES OF THE CRIME OF CORRUPTION ON THE EARTH (IFSAD FI AL-ARZ) IN THE ISLAMIC PENAL CODE 1392

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RAHBARPOUR MUHAMMADREZA; NOUR MUHAMMADI HUSSEIN

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Journal: CRIMINAL LAW RESEARCH Year:2018 | Volume:6 | Issue:22 Page(s): 205-232

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Title

THE LEGAL - JUDICIAL CHALLENGES OF THE CRIME OF CORRUPTION ON THE EARTH (IFSAD FI AL-ARZ) IN THE ISLAMIC PENAL CODE 1392

Author(s)

RAHBARPOUR MUHAMMADREZA | NOUR MUHAMMADI HUSSEIN | Issue Writer Certificate

Keywords

THE CRIME DESERVING PUNISHMENT CORRUPTION ON EARTH

THE ELEMENTS OF THE CRIME OF CORRUPTION ON EARTH

THE MULTIPLICITY OF THE CRIME OF CORRUPTION ON EARTH

Abstract

In the wake of the approval of the Islamic Penal Code (IPC) in 1392 and under Article 286, the crime of corruption on earth, with general documentation, was added to the collection of criminal categories and, in practice, ended the theoretical discussions regarding separating or not separating it from waging war. Although there are numerous serious legal criticisms concerning the foundations of this new approach, this action compared to previous instances is considered a considerable effort to observe the principle of legality of crime and punishment. The admission of corruption on earth as an independent crime deserving punishment, requires the legal document, regardless of the legal issues and opposing views, to be criticized legally and its unknown aspects should be discovered. The unbridled development of the ways of the realization of the material element of the crime; neglecting the different quality of the realization of this crime in the Penal Code with its instances in other special criminal laws; the lack of tangible and measurable criteria to differentiate between multiple the defendant who commits multiple crimes and benefits from the law of the multiplicity of crimes and its merged effects and the defendant who is, in a similar situation, suspected to commit corruption on earth; and finally, the use of interpretable terms and phrases such as "widely" and "largely" are only a part of the legal - judicial challenges and ambiguities of this legal document.

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APA: Copy

RAHBARPOUR, MUHAMMADREZA, & NOUR MUHAMMADI, HUSSEIN. (2018). THE LEGAL - JUDICIAL CHALLENGES OF THE CRIME OF CORRUPTION ON THE EARTH (IFSAD FI AL-ARZ) IN THE ISLAMIC PENAL CODE 1392. CRIMINAL LAW RESEARCH, 6(22 ), 205-232. SID. https://sid.ir/paper/266617/en

Vancouver: Copy

RAHBARPOUR MUHAMMADREZA, NOUR MUHAMMADI HUSSEIN. THE LEGAL - JUDICIAL CHALLENGES OF THE CRIME OF CORRUPTION ON THE EARTH (IFSAD FI AL-ARZ) IN THE ISLAMIC PENAL CODE 1392. CRIMINAL LAW RESEARCH[Internet]. 2018;6(22 ):205-232. Available from: https://sid.ir/paper/266617/en

IEEE: Copy

MUHAMMADREZA RAHBARPOUR, and HUSSEIN NOUR MUHAMMADI, “THE LEGAL - JUDICIAL CHALLENGES OF THE CRIME OF CORRUPTION ON THE EARTH (IFSAD FI AL-ARZ) IN THE ISLAMIC PENAL CODE 1392,” CRIMINAL LAW RESEARCH, vol. 6, no. 22 , pp. 205–232, 2018, [Online]. Available: https://sid.ir/paper/266617/en

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