نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه تبریز
2 استادیار گروه فقه و حقوق اسلامی، دانشگاه تبریز
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Abstract
A special criminal policy has been adopted to fight against security crimes and punish incomplete crimes in Iran’s Criminal Law and the codification of the provisions on the attempt of a crime in the law has been based on this policy. The legislator in Article 122 of the Islamic Penal Code has criminalized the attempt of security crimes in security crimes by determining the legal criteria (degree and type of punishments) and the legislator in the note of Article 122 has criminalized the impossible security crime. It is necessary for the perpetrator to enter the stage of preliminary operation with criminal intent in order to realize the attempt of a security crime, and then to be executed, but the complete offence cannot be carried out for external reasons of will. We are trying, in this article, to investigate the approach of Iran’s criminal justice against muḥāribah (Arabic: اَلْمُحارِبَة, lit. fight or waging war, drawing weapons with the aim of creating fear in people) security crimes attempt and the formation or administration or membership in illegal anti-security groups. The fundamental issue in this research, especially after the approval of the Islamic Penal Code 2013 is the explanation of the nature and the examples of security crimes and their attempts in Iranian and Islamic criminal law and their impact on the extent of criminal liability of the perpetrator and analyzing the fundamentals, principles and rules governing the attempt of security crimes in Iranian and Islamic criminal law. The presentation of the research results and solutions facing the law researchers and also, the application of the findings of the present research in the settlement of claims related to legal and criminal matters in the judicial authorities is the main practical purpose of this present research. The security crimes and the attempt of committing them which violate security, disrupt public order and threaten the existence of the government is the result of this research. Therefore, the approach of justice along with the criminal policy is separation and strict and has been particularized the principles and rules that apply in adjective (procedural) and substantive criminal regulations in the most of the crimes by stipulating special regulations.
کلیدواژه‌ها [English]
قرآن کریم
الهی‌منش، محمدرضا و دیگران(1394)، حقوق کیفری اختصاصی: جرایم علیه اشخاص، چ3، تهران: نشر مجد
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