نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 دانشیار گروه حقوق دانشگاه تبریز
2 کارشناسی ارشد حقوق جزا و جرم شناسی دانشگاه تبریز (نویسنده مسئول)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The principle of legality of crimes and punishments has been called the most important principle of criminal law. This principle, which requires a precise definition of the crimes and determining their sanctions in law, has various effects, the most important of which is the protection of citizens' rights and freedoms against the rule of law and judicial tyranny. Therefore, the legislature is expected to meet the requirements of this principle throughout the criminal laws. The generalization of Article 43 of the Islamic Penal Code (1370) in expressing the punishment of the aider in a crime was contrary to the mentioned principle, and although by enacting the Article 726 of Chapter of T’azirs in 1375 and determining the minimum punishment of the crime for the abettor, this generalization was reduced to some extent, the problem of determining the punishment of the abettor and its inconsistency with the principle of legality remained to a large extent. After three decades of experience in Islamic legislation in the field of criminal law, the legislator, by stating the principle of legality in Article 12 of the Islamic Penal Code (1392), in Article 127 has tried to legalize the punishment of abetting in crime by avoiding generalization. However, the preference of the Sharia over the law and the lack of determination of the relationship between Article 127 and the special articles of abetting in crime can lead to disharmony of judicial decisions, which itself requires amending the law or issuing a uniting verdict in line with the principle of legality and non-discrimination
کلیدواژهها [English]
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