Effect of Incomplete Confession in Criminal Affairs, from Tazir (punishment) to Purgation

In some crimes, confession from delinquent is not adequate to prove the crime despite authenticity and precision in the content. Such confession is known as incomplete confession. The famous Paradigm consider this confession as Ta’zire (punishment) due to three reasons containing: prohibition of sin confession, gaining limited knowledge of taboos and spread of prostitution. The same approach is confirmed by Islamic Criminal Law. There exist another point of view which rejects this kind of confession by inspiring (by referring to) three important factors containing: narrations, innocence principle and Da’re principle. The other point of view gives the authority to the governor so that the governor would be able to apply the punishment whenever criminal motivation of the confessor is determined to him. But in other cases of incomplete confession, the governor does not consider Ta’zir permissible whether the confessor intends to purge or his motivation is not clear to the governor .By inspecting the points of views and their reasons, the governor’s point of view by consideration of the confessor’s motivation is considered to be the most comprehensive beyond all the theories. Thus, it gained a considerable potential. The Islamic Criminal Law needs to be inspected and revised around this issue.