Necessity of Reviewing Article 286 of 2013 Islamic Penal Code based on Imam Khomeini’ s Views

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VATANI AMIR; Farhud Naghmeh

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Journal: Matin research journal Year:2018 | Volume:20 | Issue:79 Page(s): 141-163

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Information Journal Paper

Title

Necessity of Reviewing Article 286 of 2013 Islamic Penal Code based on Imam Khomeini’ s Views

Author(s)

VATANI AMIR | Farhud Naghmeh | Issue Writer Certificate

Keywords

Ifsad fil-Arz”(Corruption on Earth)Q1

infringement of public securityQ2

lashesQ2

discretionary punishmentQ2

capital punishmentQ2

Abstract

Clarification of the nature and determining the scope of inclusion of the legal term “ Ifsad fil-Arz” (Corruption on Earth) is undoubtedly one of the most challenging legal debates in post-Revolution Iran’ s penal code. Although the legislature criminalized Corruption on Earth in 2013 Islamic Penal Code in a bid to elucidate the subject and put an end to the discords and differences of opinions, it seems the new law has not only failed to serve as a solution, but also it has augmented problems due to negligence of the jurisprudential fundamentals vis-à-vis this criminal title. Despite legislature’ s views, it seems that Corruption on Earth is not an independent criminal title to necessarily deserve capital punishment; rather, it is the description of all criminal acts and titles that cause disturbance in moderation and healthy life of the human beings. Therefore, appropriate punishment should be awarded proportionate to the act committed as well as conditions and circumstances at the time of committing the crime.

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APA: Copy

VATANI, AMIR, & Farhud, Naghmeh. (2018). Necessity of Reviewing Article 286 of 2013 Islamic Penal Code based on Imam Khomeini’ s Views. PAZHUHESHNAMEH MATIN, 20(79 ), 141-163. SID. https://sid.ir/paper/93869/en

Vancouver: Copy

VATANI AMIR, Farhud Naghmeh. Necessity of Reviewing Article 286 of 2013 Islamic Penal Code based on Imam Khomeini’ s Views. PAZHUHESHNAMEH MATIN[Internet]. 2018;20(79 ):141-163. Available from: https://sid.ir/paper/93869/en

IEEE: Copy

AMIR VATANI, and Naghmeh Farhud, “Necessity of Reviewing Article 286 of 2013 Islamic Penal Code based on Imam Khomeini’ s Views,” PAZHUHESHNAMEH MATIN, vol. 20, no. 79 , pp. 141–163, 2018, [Online]. Available: https://sid.ir/paper/93869/en

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