Exploitation of Unlawful Crime (Note 122 of the Islamic Penal Code, adopted in 1392) from the point of view of the Shi'a religious principles

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

Sometimes he commit all crimes, but he does not achieve the result again. If this failure to fail to achieve the result is due to a lack of subject matter or a failure to act as a means of committing a crime, it would be impossible to commit a crime. Regarding the method of this research, which is fundamental (descriptive-analytic), by referring to the principled books, we find that the Shichr('39')a principals in their writings discussed the topic of discontinuance in its own literature and literature. It seemed to me that discourse was deliberately dealt with in the formulation of a procedural principle , Expressing the possibility of the occurrence of a result outside the field, which can undoubtedly only be compatible with the crime.However, the legislator, in the wording of article 122 of the Islamic Penal Code, regards the punishment of perpetrators of a crime as imposing a distinction between legal and material grounds. This separation of legislatures seems consistent and consistent with the correct view of some of the principals such as Sheikh Ansari (RA) In connection with the absence of eagles and punishments

Language:
Persian
Published:
Judicial Law Views Quarterly (Law Views), Volume:25 Issue: 90, 2020
Pages:
95 to 112
https://www.magiran.com/p2272895  
سامانه نویسندگان
  • Mirmohammadsadeghi، Hossein
    Author (2)
    Mirmohammadsadeghi, Hossein
    Full Professor Criminal Law, Shahid Beheshti University, تهران, Iran
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