Surety of Treasury in the Payment of Wergild and the Effect on it
In all legal systems, the principle is based on personal criminal responsibility, which is also mentioned in Article 141 of the Islamic Penal Code. Examples of this principle are the personal nature of punishments. According to this principle, everyone is held responsible only for the behavior he has personally committed, and no one can be punished for the behavior of another. However, in some cases, such as Article 142 of the Islamic Penal Code, the legislator has deviated from this principle. Among these cases, we can mention the responsibility of the treasury in paying the ransom. Which is an example of responsibility arising from the act of another. In this regard, as well as on how to pay ransom for different types of crimes and conditions for paying ransom, different opinions have been expressed in Iranian jurisprudence and law. Also, different opinions have been expressed about the effects of paying ransom, such as the acquittal of individuals and the possibility of referring to the main officials by the treasury after discovering the fact or referring to the recipient of ransom. therfore judicial procedure can be useful.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.