Takeli on the institution of impunity for punishment according to the aims of moral punishment and considerations

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Jamadi Zahra; MALMIR MAHMOUD; SHADMANFAR MOHAMMAD REZA

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Journal: ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT) Year:2020 | Volume:10 | Issue:2 Page(s): 85-102

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Title

Takeli on the institution of impunity for punishment according to the aims of moral punishment and considerations

Author(s)

Jamadi Zahra | MALMIR MAHMOUD | SHADMANFAR MOHAMMAD REZA | Issue Writer Certificate

Keywords

CriminologyQ1

impunityQ1

penaltiesQ1

ethicsQ1

Abstract

One of the fundamental institutions in the Islamic penal code is the legal justification for impunity. This issue, which creates a boundary between Islamic law and secular rights, has long been the subject of attention by lawyers, criminologists and psychologists. The rights of the perpetrators It is considered that punishment is considered a legal issue, and criminologists, with a causal view of their consequences and consequences, in line with the goals of criminal psychology and educational approach, are a deterrent and prospective factor associated with the principles, foundations and objectives of punishment. Criminological Assistance Subject to Exemptions from Keeper in Respect of Goals The use of punishments and arbitrary institutions is one of the achievements of modern Criminology in criminal law to assist in the criminalization of individuals' socialization and personal and social support, as reflected in new criminal laws. In this regard, criminal law shows a significant correlation with the use of jurisprudence and other sciences, including Criminology, psychology and sociology, and, of course, ethical considerations in scientific and supportive dimensions. In the meantime, ethics and its relation to rights are the main and most commonly discussed issues in the philosophy of law. The impact of morality on criminal law has always been a controversial issue in both criminality and the determination of punishment. Nonetheless, attention to moral principles and considerations is one of the most important reasons for emphasizing impunity. Through respect and trust, one can influence the will of the criminal and prevent the repetition of the crime. Also, some of the conditions that the legislator has in Article 38 And the 39th Criminal Code, approved 92 (for example, honorary motivation, good record, etc. ), is consistent with ethical considerations.

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APA: Copy

Jamadi, Zahra, MALMIR, MAHMOUD, & SHADMANFAR, MOHAMMAD REZA. (2020). Takeli on the institution of impunity for punishment according to the aims of moral punishment and considerations. ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT), 10(2 ), 85-102. SID. https://sid.ir/paper/396046/en

Vancouver: Copy

Jamadi Zahra, MALMIR MAHMOUD, SHADMANFAR MOHAMMAD REZA. Takeli on the institution of impunity for punishment according to the aims of moral punishment and considerations. ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT)[Internet]. 2020;10(2 ):85-102. Available from: https://sid.ir/paper/396046/en

IEEE: Copy

Zahra Jamadi, MAHMOUD MALMIR, and MOHAMMAD REZA SHADMANFAR, “Takeli on the institution of impunity for punishment according to the aims of moral punishment and considerations,” ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT), vol. 10, no. 2 , pp. 85–102, 2020, [Online]. Available: https://sid.ir/paper/396046/en

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