ISLAMIC PENAL COD OF IRAN AND IT

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HABIBZADEH M.J.; KORAHI MOGHADDAM K.

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Journal Paper

Paper Information

Journal: JOURNAL OF PSYCHOLOGY AND EDUCATION Year:2001 | Volume:5 | Issue:2 Page(s): 0-0

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Information Journal Paper

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 ACTION

PRINCIPLE OF LEGALITY OF CRIME AND PUNISHMENT

ORTICLE 638 ISLAMIC PENAL COD OF IRAN

Abstract

Deficiency in legislator"s 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 legislations concerning to ILLICIT ACTIONs, so long as they have not been approved and declared in the frame of statuts have no legal credit and execution ability in courts. Also on the basis of islamic law, the mentioned legislations have not passed through allowance and exemption trilateral stages of religious commandments (legislation, inference, declaration) and also principles of confirm that individuals in face of religious commandment which have not expressed in criminal status, have not any indecency of punishment without responsibility, and regarding to unknown obligations in this article, relying on the rule of expression, execution of punishment is indecent. The ambiguity of mentioned article, allowes the judges violate the individual"s rights and freedom by strict interpretation. In this research, has been tried by reference to the sources of islamic law, principles of s criminalization and advise if the legislator constitutional law and criminal law and doctrine, to consider the style of legislator as an offence, senses of this title must be stated clearly and expressively in this article, and before intends to present ILLICIT ACTION s correction, it is necessary for judges to assist principle of legality and rely on the principle 37 of constitutional law, sentence to it innocence of accused.

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APA: Copy

HABIBZADEH, M.J., & KORAHI MOGHADDAM, K.. (2001). ISLAMIC PENAL COD OF IRAN AND IT"S FACING WITH PRINCIPLE OF LEGALITY OF CRIME AND PUNISHMENT. JOURNAL OF PSYCHOLOGY AND EDUCATION, 5(2), 0-0. SID. https://sid.ir/paper/531934/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. JOURNAL OF PSYCHOLOGY AND EDUCATION[Internet]. 2001;5(2):0-0. Available from: https://sid.ir/paper/531934/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,” JOURNAL OF PSYCHOLOGY AND EDUCATION, vol. 5, no. 2, pp. 0–0, 2001, [Online]. Available: https://sid.ir/paper/531934/en

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