ISLAMIC PENAL COD OF IRAN AND IT'S FACING WITH PRINCIPLE OF LEGALITY OF CRIME AND PUNISHMENT

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HABIBZADEH M.J.; KORAHI MOGHADDAM K.

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Journal: DANESHVAR MEDICINE Year:2002 | Volume:9 | Issue:39 Page(s): 39-46

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Title

ISLAMIC PENAL COD OF IRAN AND IT'S FACING WITH PRINCIPLE OF LEGALITY OF CRIME AND PUNISHMENT

Author(s)

HABIBZADEH M.J. | KORAHI MOGHADDAM K. | Issue Writer Certificate

Keywords

ILLICIT ACTIONQ4

PRINCIPLE OF LEGALITY OF CRIME AND PUNISHMENTQ4

ORTICLE 638 ISLAMIC PENAL COD OF IRANQ4

Abstract

Deficiency in legislators expression, in ascertaining the senses of ILLICIT ACTION and it’s punishment, clearly, has faced execution of this article to numerous problems.Legislator by incorrect interpretation of principle 167 of constitutional law and generalization of permission of reference to source of islamic jurisprudence in criminal law suits creation of criminal titles and ascertaining of punishment has broken the PRINCIPLE OF LEGALITY OF CRIME AND PUNISHMENT. To rely on this principle, creation of crime and punishment is exclusive authority of legislative power.Reference to sources of islamic jurisprudence, the distinction of senses of ILLICIT ACTION and ascertaining of punishment for these actions, automatically leads to creation of crime and punishment, and this affair is contrary to the principle of separation and independence of powers and principle of legality. Islamic jurisprudence legislation concerning to ILLICIT ACTIONs, so long as they have not been approved and declared in the frame of statutes have no legal credit and execution ability in courts. Also on the basis of islamic law, the mentioned legislations have not passed through trilateral stages of religious commandments (legislation, inference, declaration) and also principles of exemption and allowance confirm that individuals in face of religious commandment which have not expressed in cl1minal status, have not any responsibility, and regarding to unknown obligations in this article, relying on the rule of indecency of punishment without expression, execution of punishment is indecent. The ambiguity of mentioned article, allows the judges violate the individuals rights and freedom by strict interpretation. In this research, has been tried by reference to the sources of islamic law, principles of constitutional law and criminal law and doctrine, to consider the style of legislator criminalization and advise if the legislator intends to present ILLICIT ACTION as an offence, senses oj this title must be stated clearly and expressively in this article, and before its correction, it is necessary for judges to assist principle of legality and rely on the principle 37 of constitutional law, sentence to innocence of accused.

Cites

AN INTRODUCTION TO SOME PRACTICAL LIMITATIONS OF CRIMINALIZATION (THE NECESSITY OF EVALUATING BENEFITS AND COSTS OF CREATING A CRIME)

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APA: Copy

HABIBZADEH, M.J., & KORAHI MOGHADDAM, K.. (2002). ISLAMIC PENAL COD OF IRAN AND IT'S FACING WITH PRINCIPLE OF LEGALITY OF CRIME AND PUNISHMENT. DANESHVAR MEDICINE, 9(39), 39-46. SID. https://sid.ir/paper/30560/en

Vancouver: Copy

HABIBZADEH M.J., KORAHI MOGHADDAM K.. ISLAMIC PENAL COD OF IRAN AND IT'S FACING WITH PRINCIPLE OF LEGALITY OF CRIME AND PUNISHMENT. DANESHVAR MEDICINE[Internet]. 2002;9(39):39-46. Available from: https://sid.ir/paper/30560/en

IEEE: Copy

M.J. HABIBZADEH, and K. KORAHI MOGHADDAM, “ISLAMIC PENAL COD OF IRAN AND IT'S FACING WITH PRINCIPLE OF LEGALITY OF CRIME AND PUNISHMENT,” DANESHVAR MEDICINE, vol. 9, no. 39, pp. 39–46, 2002, [Online]. Available: https://sid.ir/paper/30560/en

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