نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 عضو هیت علمی دانشگاه علوم اسلامی رضوی
2 دانشجوی دکترای حقوق جزا و جرمشناسی دانشگاه علوم اسلامی رضوی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the innovations of the legislative in the Islamic Penal Code 1392 is the naming of Dar’ principle. This principle was not explicitly mentioned in the past laws, however it was recognized implicitly in some cases. For example, in the articles 167, 67, 66 and 65 of the Islamic Penal Code 1370 existence of doubt was a cause of lapse of Had. Legislation of this principle and explanation of how a punishment lapses if there is a doubt is propounded in articles 120 and 121 of the Islamic Penal Code 1392, although the definition of doubt is not included in the articles. Given that the principle is included in the general matters section of the code, it is likely that one think it includes other offences in addition to Had in its specific meaning. Therefore, in addition to explaining the sources of the principle and analyzing the terms of it, the kinds of doubt and the criterion in the case of existence of doubt, in this paper we try to find out the extent of the principle by reference to valid Shi’a and Sunni jurisprudence books and studying the ideas of the scholars; whether the principle is confined to Had in its specific meaning or includes other types of punishments (Qisas, Diyat and Ta’zirat).
کلیدواژهها [English]
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