نوع مقاله : پژوهشی (داوری عادی)
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه آزاد اسلامی واحد خوراسگان
2 دانشیار دانشگاه آزاد اسلامی خوراسگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Beyond a religious, jurisprudential and ethical teaching, repentance has been systematically inserted to the penal law policy of Iran for the first time. Currently, it has been proposed as a lenient institution in the Islamic Penal Code ratified in 2012. The lawmaker's such a novel and admirable approach is appreciable as it helps the criminals repent voluntarily to improve themselves, and such a decision promotes remedial and corrective justice and stopping crimes instead of punitive justice using Qur'anic teachings. Investigating jurisprudential and theoretical principles about this valuable and ethical institution and stating penal policy of Iran after a long period of time regarding the effect of repentance on tazirat which devotes the highest amount of shares to itself has been specified with this action. The legislator has approved three systems based on the type and degree of the crime in ta'ziri crimes using a differential approach between the types and degree of ta'ziri crimes. The lawmaker believes that the influence of repentance in crime amputation or commutation is subject to the degree of ta'ziri crime with respect to the strength and weakness of crimes and clear textual or non-textual identity of ta'zirat. Investigating the position of eight articles in the Islamic Penal Code about this ethical institution relying on jurisprudential principles and resources to disambiguate the ambiguities such as the realm of influence of crime blockage in texted clear religious taziart and stating the shortcomings and pathology such as the condition for making sure for the correction and repentance of the repenter, so that his repentance is accepted without determining criterion and adopting a method for its certainty and offering applied corrective suggestions to improve this institution all form the significance of this research.
کلیدواژهها [English]
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