نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دکتری تخصصی، دانشگاه پردیس فارابی، دانشگاه تهران، قم، ایران
2 استاد تمام و هئیت علمی، پردیس فارابی، دانشگاه تهران، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The Islamic Penal Code adopted in 1370, in addition to the four types of punishment, namely hudud, qisas, diyat and ta'zir, also mentions another type called "deterrent punishment", which is not seen in the division of jurists. Misinterpretation of Imam Khomeini's words in using the word deterrent, and hesitation in applying the title of ta'zir punishment for perpetrators of crimes that had no precedent in jurisprudence and sharia; The lawmakers urged them to accept the punishment of the perpetrators of these crimes as "deterrent punishment". Thus, the perpetrators of those crimes that had a history of jurisprudence and jurisprudence were punished with ta'zir, and the perpetrators of crimes that did not have this history were sentenced to "deterrent punishment". However, the authors of the article believe that ta'zاتr is not limited to the time of the shari'a and that new issues that are corrupting as ta'zir can be punished as criminality, and the perpetrators can be punished based on jurisprudential principles. The proposal of the article is to eliminate the deterrent punishment and integrate it into the ta'zir punishment, because the deterrent punishment of Qasim Ta'zir, along with other punishments, has no jurisprudential basis and document, and its citation to Imam Khomeini is not correct. This is a point that is considered in the new law of the Islamic Penal Code and the deterrent punishment in the integrated punishments is something that is supported by the article.
کلیدواژهها [English]
)