نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانش آموخته کارشناسی ارشد حقوق جزا و جرم شناسی،دانشکده پردیس،دانشگاه گیلان،گیلان ،ایران.
2 استادیار،گروه حقوق جزا و جرم شناسی،دانشگاه گیلان،ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Illegitimate relationship is a relationship between a man and a woman who do not have a marriage contract and at the same time no sexual contact has been established between them, such as conversation and correspondence An and practice of chastity is also any physical contact between a stranger man and a woman, provided that it does not make sexual contact, such as Bed Fellowship. But the basic question is whether an illicit relationship is the same practice of chastity or not? Does the practice of chastity and illicit relationship mentioned in Article 637 of the Islamic Civil Code require proof of specific malice or not? This research has been written in a descriptive and analytical manner with the aim of stating criteria and criteria for distinguishing these two titles from each other and, accordingly, to prevent the court from looking at these two titles in the same way. The Illegitimate relationship and practice of chastity are two independent criminal titles. It is not necessary to prove specific malice in act of Bed Fellowship. However, in other cases of practice of chastity, including kissing and all cases of illicit relations, the intention of sexual intercourse must be established.
Illegitimate relationship, chastity, Unchaste
کلیدواژهها [English]