نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق‌کیفری و جرمشناسی، دانشگاه تربیت مدرس. تهران
2 استاد گروه حقوق جزا و جرم شناسی . تربیت مدرس. تهران . ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Among the challenging and important issues in Iran's criminal law is the investigation of the relationship Muharabah and Ifsad – fi al- Ard (corruption on the earth); Crimes that entered the discourse of criminal justice in Iran with the victory of the Islamic Revolution. The Islamic Penal Code of 1392, in articles 279 and 286, has provided for the two mentioned titles as independent crimes, which ended several decades of disagreements in judicial procedures. The examination of the legislative process shows that after the Islamic revolution, regardless of the lack of substantive law codified until 1361, the Revolution Courts issued numerous verdicts with the titles of Muharabah and Ifsad – fi al- Ard, accusing some of the leaders of the previous regime and groups involved in regional disturbances and conflicts until the title of "Mohareb" was defined in the Hudud and Retribution Law of 1361 and despite the differences in the actus reus, mens rea, the scope and even the influence of motivation in these two titles, article 183 of the Islamic Penal Code of 1370 considered Muhareb and Mofsed fi al-Ard compatible with each other and placed them in the same row. A look at the jurisprudential sources also shows the difference of opinions in terms of inference from verse 33 of Surah Ma'idah. Many Islamic jurists and commentators consider these two titles to be the same description, and some consider them to be independent in terms of meaning or example, and have considered the general-special relationship between these two titles. Using the library resources and with a descriptive and analytical approach, the author has investigated jurisprudence texts and judicial procedures and has come to the conclusion that the relationship between the two titles Muharabah and Ifsad – fi al-Ard, is Absolute General-Specific.
کلیدواژه‌ها [English]
قرآن کریم
هاشمی شاهرودی، سید محمود(1387)، بایسته‌های فقه جزا، تهران: نشر میزان.
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