نوع مقاله : مقاله علمی پژوهشی
نویسنده
گروه حقوق، واحد مشهد، دانشگاه آزاد اسلامی، مشهد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Although in fiqh sources the publicizing of a criminal has been discussed in crimes such as false testimony, slander, fraud, deception, and pimping, the obligation to do so has only been unanimously agreed upon in the case of false testimony. The main reason is to identify the criminal in the crime of false testimony in order to prevent the acceptance of his testimony again, which, given the importance of legal testimony in the Islamic criminal justice system, can be justified in light of ensuring a fair trial. Accordingly, publicizing in Islamic jurisprudence was not designed with a punitive/repressive approach but was a precautionary measure, which diverges from similar concepts such as the publication of a final conviction, public execution of punishment, and the like due to the difference in purpose. Moreover, given the judiciary's access to individuals' criminal records through the establishment of an electronic judicial record system and the obligation of prosecutors and courts to register all criminal convictions, this rationale has become obsolete, and today its implementation cannot be accepted as a primary ruling. However, this does not prevent the Islamic government from, based on secondary evidence such as the necessity to preserve order and the public interest, introducing the criminal to members of society under other titles as a secondary ruling Take action.
کلیدواژهها [English]
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