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Author(s): 

MOGHADDASI MOHAMMAD BAGHER | YAZDANI JAVAD | JAVAN JAFARI BOJNORDI ABDOLREZA

Journal: 

Medical Law

Issue Info: 
  • Year: 

    2019
  • Volume: 

    13
  • Issue: 

    50
  • Pages: 

    57-84
Measures: 
  • Citations: 

    0
  • Views: 

    744
  • Downloads: 

    0
Abstract: 

Among the different stages of the criminal process, the stages of trial and execution of punishment are very important because at the trial stage, the final decision was made on the person's criminality, and the previous actions of the criminal justice system were effective at the stage of the execution of the sentence, and the sentence is implemented. A look at legislative and judicial policy suggests that various professionals assist the criminal justice system in carrying out these tasks, among which the most important are legal doctors. The legal practitioners, through the criminal process, fulfill a fair trial and, while removing the ambiguity of the specialized issues at the trial stage, also facilitate the execution of the penalties. Therefore, the purpose of this study is to investigate the aspects of legal medicine intervention in the process of trial and execution of punishment. In fact, this research seeks to answer the question of how the doctors' participation in the trial and execution of punishment affects the criminal process. The method of doing research is descriptive-analytic and the collection of data and information is also scientific documents. A summary of the research reveals that forensic medicine has intervened in different stages of the trial and execution of punishment. At the trial stage, according to the type of punishment, the degree of medical intervention differs, that is, in the Qesas, forensic medicine theory has a large role in the judicial decision on the implementation or non-execution of punishment, in Diyat, the judge takes into account the amount of Diyea forensic medical theory, in Hodood the theory of forensic medicine doctrine has played an important role in proving or rejecting accusations, and in Taezirat, forensics medicine theories form an important part of the personality case. In the enforcement phase, forensics medicine sometimes contributes to the practice of punishment, sometimes prevents the practice of punishment and sometimes also provides health care.

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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    265-297
Measures: 
  • Citations: 

    0
  • Views: 

    656
  • Downloads: 

    0
Abstract: 

In some hadith, the execution of prescribed punishments (hodoud) is considered a source of blessing for society. In the traditional view, these hadith bestow sanctity on prescribed punishments, rendering them inflexible. Moreover, other hadith that condemn the cancellation of prescribed punishments have contributed to a rigid interpretation of their legality, leading to their unconditional execution. Taking an analytical-critical approach, this article suggests that the concept of had might in actuality refer to all divine rules and laws of sharia, not merely prescribed punishment. As such, the aforementioned hadith might be suggesting that all divine rules and laws of sharia shall be executed systematically. In this case, the application of these hadith is not limited to prescribed punishments, and no differentiation should be made between discretionary punishments (ta’ zirat) and prescribed punishments. The aim of those hadith that condemn the cancellation of prescribed punishments may not be to make them inflexible, but rather to preserve the justice process and to prevent unjustified discrimination in the execution of punishments. It is too far from the wisdom and mercy of the Holy Lawmaker to emphasize implementation of a few specific punishments among all His laws to the exclusion of other laws and non-prescribed punishments.

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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2019
  • Volume: 

    13
  • Issue: 

    50
  • Pages: 

    133-154
Measures: 
  • Citations: 

    0
  • Views: 

    362
  • Downloads: 

    0
Abstract: 

One of the challenging issues in the principles of jurisprudence and especially the rights of Iran, the question of the possibility or impossibility of carrying out the punishment on crimes committed by twin attached to this issue on two axes: the possibility or impossibility of separating them in terms of ordering the separation of the Clinging can be done. The findings have shown that, firstly, the court can assume the possibility of separating them in the assumption of the possibility of separation and the lack of physical security, even if they are dissatisfied with them. Secondly, if alternative sentences are not possible for imposition of imprisonment, such as retaliation and the impossibility of separation, alternative punishment has not been foreseen. Third, there is no possibility of separation in the assumption that it is impossible to separate the twins from one another in the state of intervention, one of them in the crime and the impossibility of conversion or punishment alone. The third, and the probability of a great deal of infidelity in Qisas, is Diyah.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    4
  • Issue: 

    2
  • Pages: 

    164-176
Measures: 
  • Citations: 

    0
  • Views: 

    2
  • Downloads: 

    0
Abstract: 

Background and purpose: The present analysis examines in detail one of the most influential institutions in the process of rehabilitation of people accused of crime. By identifying the weak points in imprisonment policies, which was initially considered as a therapeutic approach and scientifically considered superior to other solutions, lawyers moved towards creating measures and institutions whose main goal is to retrain and rehabilitate people accused of It is a crime.Ethical considerations: This article has been written considering ethical considerations such as honesty, trustworthiness in text analysis and citation.Conclusion: The institution of suspension of execution of punishment is proposed as a tool to individualize the punishment and reform the accused. Therefore, it is critical for the court to pay attention to the aspects of the accused's personality and the effect of the punishment on him. In this regard, the type of crime should not play an effective role in the decision making of the investigators. For example, the accused may be accidentally involved in the crime of forgery or embezzlement, but his risks are less than the accused of a simple crime. Therefore, exemption from some punishments and non-suspension of some of them can be justified. In addition, some legal provisions have established heavy penalties that prohibit the suspension of their execution. However, the reason for choosing these punishments in Article 47 of the Islamic Penal Code of 2013 is not based on a precise and clear analysis, and perhaps because of the dangerousness of these crimes and the destructive effects they have on the society, this decision was made. Considering that the basic priority of the criminal justice system is to prevent the occurrence of crime or reduce it, in the era of new governments, against minor crimes that do not have a significant impact on the society, and also in times when the execution of punishment is not necessary and the possibility of reforming the offender from There is another way of giving opportunities, they remove repressive criminal policy from their programs and look for solutions focusing on flexibility and flexibility in criminal actions. Deferred sentencing is an institution that was created in the framework of criminal policy based on leniency, compromise, and more protection for non-dangerous criminals. This institution has friendly aspects that if the court uses it in a proper way, it can bring about the correction of the criminal.

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Journal: 

ISLAMIC ART

Issue Info: 
  • Year: 

    2021
  • Volume: 

  • Issue: 

  • Pages: 

    253-273
Measures: 
  • Citations: 

    0
  • Views: 

    109
  • Downloads: 

    0
Abstract: 

In the Code of Criminal Procedure adopted in 1392 in the field of execution of sentences and in the discussion of respect for the rights of convicts and convicts and supervision of prisoners, useful measures have been taken. The purpose of criminal proceedings is to achieve the realization of the crime and its attribution and the realization of the criminal responsibility of the accused and the punishment or security and educational measures for the convict to be implemented in a timely manner so that no criminal remains unpunished and unreformed in society. execution of the sentence, lack of access to the residence and residence of the convicted person, failure to introduce the convicted person to execute the sentence by the guarantor or guarantor, imprisonment of the convicted person, or obstacles of judicial origin can be mentioned as lack of supervision over the lawsuit and notice The judge also sentenced corporal punishment, including life imprisonment and corporal punishment for amputation and flogging, or negative punishment and restriction of liberty, rights and dignity, including imprisonment, deportation and deprivation of residence in the border strip and expulsion or expulsion from the country. Compulsory residence in a certain place or financial punishment, including blood money, fines, confiscation, confiscation and destruction of property, is supervised, and the case will not be closed until the sentence is carried out.

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Author(s): 

Nazari Zahra

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2023
  • Volume: 

    6
  • Issue: 

    17
  • Pages: 

    151-168
Measures: 
  • Citations: 

    0
  • Views: 

    159
  • Downloads: 

    40
Abstract: 

execution of judgments is the most dangerous stage of the judicial process, which can guarantee individual and public rights. In this regard, the judge of the execution of criminal sentences entered Iran's criminal law with the aim of individualizing and deterring punishments, and, in order to implement this goal at the stage of sentence execution, along with social workers and other institutions related to the pathology and clinical examination of the convict, a definitive punishment is in force. According to his/her current character and during the time period of execution of the sentence, he/she adjusts and implements it, so that after issuing the sentence and during the appeal process, the convicted person is placed in the hands of the judge who executes the criminal sentences, and this judicial authority can in order to realize and guarantee the principle of individualization of punishments, personalization of punishments, the principle of equality of arms, the principle of the legality of crime and punishment, and the correct supervision of the execution of criminal sentences, it should play an effective role, and by having a modifiable approach, in addition to creating reconciliation at the community level, provides a suitable space for the implementation of justice and makes all people partners in the implementation of this justice. Of course, the powers of the execution authority are supervisory and executive powers, and they do not have the right to adjust and modify the punishment. Therefore, individualizing punishments can play an important role in preventing criminals from returning to crime. The legislator should also expand the authority of the judge to execute the criminal sentences and try to solve the existing legal challenges.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    22
  • Issue: 

    3 (101)
  • Pages: 

    57-82
Measures: 
  • Citations: 

    0
  • Views: 

    554
  • Downloads: 

    0
Abstract: 

The obviation rule is the most applied rule in penal jurisprudential rules and plays a significant role in the scope of specified punishments (Hudud) and other punishments. The rule significance-which coincides to global criterion of human rights, the principle of human dignity, and guarantees the fair trial-explains that whenever the committing crime, the attribution of crime to the defendant or existence of other circumstances in proving the charge lies in doubt, the judge must interpret the laws in favor of the defendants. In this article, moreover explaining the legal foundations and jurisprudential predicates of the rule, the definitions and the criterion of doubt is also studied to draw a framework for the rule. The legislator in Islamic Penal Act 2013 has stated the rule’ s significance in s. 120 & 121 that contains the doubt in committing the crime and its’ circumstances, doubt in crime’ s elements and the conditions of criminal responsibility. Some jurists, specially the Hanafi jurists, have extensively applied the rule and others, such as Zaheri and Imami jurists, for example Ibn-e-Hazm Andolosi and Ayatollah Khoyee, have shown indecisions which are signify non acceptance. It must be studied that the rule significance has other thing than innocence presumption or not, or essentially we must suffice to it up to rational principles such as innocence principle. The undue limitation in obviation rule’ s scope which arises from inherent human dignity of the defendants will have negative impacts undoubtedly, because the scope of the rule, moreover the procedural and substantive laws, establishes the right of evasion of punishment and the right of non-applying the specified punishment again for persons

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Author(s): 

Sadeghi Mohamadmehdi

Issue Info: 
  • Year: 

    2024
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    198-229
Measures: 
  • Citations: 

    0
  • Views: 

    16
  • Downloads: 

    0
Abstract: 

Iconology refers to the interpretation of social and cultural concepts embedded within a work of art. While there is no consensus on the precise link between the fields of art and sociology, an examination of extant images and paintings depicting methods of execution from the eighteenth and twentieth centuries suggests the possibility of a sociological interpretation of the death penalty. Over the past three decades, a significant cultural shift has occurred within the sociology of punishment. In a field traditionally dominated by approaches emphasizing class control and disciplinary power, the influence of representation can no longer be ignored. Iconology refers to the interpretation of social and cultural concepts embedded within a work of art. While there is no consensus on the precise link between the fields of art and sociology, an examination of extant images andpaintings depicting methods of execution from the eighteenth and twentieth centuries suggests the possibility of a sociological interpretation of the death penalty. Over the past three decades, a significant cultural shift has occurred within the sociology of punishment. In a field traditionally dominated by approaches emphasizing class control and disciplinary power, the influence of representation can no longer be ignored.This research employs the iconology method to explore the sociological interpretation of the death penalty, focusing on two emblematic examples. The first example is William Hogarth's engraving of an execution by gallows in eighteenth-century Tyburn Square, London, and the second is Andy Warhol's "Electric Chair" painting from the twentieth century. Both artworks elucidate the social and political contexts of their respective periods and reveal significant differences in the meaning of punishment. This study is basic and descriptive-analytical in nature, with information sourced from books and articles in Persian and English.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    86
  • Issue: 

    117
  • Pages: 

    299-319
Measures: 
  • Citations: 

    0
  • Views: 

    45
  • Downloads: 

    6
Abstract: 

Well-known Imami jurists believe that insanity after crime committing does not prevent the execution of punishment. Although this opinion has been questioned by some jurists and also the Iranian legislature has provided conditions for the possibility of executing this punishment in its criminal law, but it seems that by carefully documenting the validity of this issue, more restrictions can be placed on the execution of insane punishment. This research has reached the conclusion by descriptive and analytical method and by examining the authenticity and signification of the relevant narrations that the narration indicating the punishment of the insane does not apply in terms of the type of crime committed and the time of proof of the crime, i.e. the time of correctness or insanity and the method of proof, And its inclusion in the commission of any crime and also the presumption of proving the crime at the time of insanity and in any way is questionable. And it seems that what can be used from the evidence is the permission to perform the whipping punishment, which has been proven by the person's confession at the time of his health; This is more compatible with the defendant's defense rights and with the rule of Caution in bleeding.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    31
  • Issue: 

    4
  • Pages: 

    81-93
Measures: 
  • Citations: 

    0
  • Views: 

    51
  • Downloads: 

    0
Abstract: 

Introduction &,Objective: With the many advances that have taken place in the field of surgery and the possibility of transplanting organs in recent years, an important issue has been raised in the field of punishments such as limb retribution and also the punishment of limb amputation in the case of robbery with the limit of Had or Moharebeh, whether the victim can transplant the limb after the crime has occurred. Make it a crime? It is also for the perpetrator, does he have the possibility and permission to replace the severed limb after execution of retribution or amputation? Materials &,Methods: With the aim of obtaining answers to the above questions, the present research seeks to provide appropriate answers to the challenges that arise in the jurisprudence surrounding the issue by searching in various jurisprudential and legal sources. Results: From the point of view of medicine, organ transplantation can be applied in several ways, human to human, animal to human, and corpse to human. From the point of view of jurisprudential sources, there is no strong reason or reference to reject these actions, and each of the jurists have presented different opinions in this regard, but the famous jurists have given permission to organ transplantation in the above cases. Conclusions: Organ transplantation is one of the valuable services that have been achieved for mankind in the shadow of the advances in medical science. In addition to these achievements, it is necessary that the jurisprudential and legal aspects of organ transplantation are explicitly legislated so that people in the society can benefit from such measures in order to treat and save their lives.

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