The evaluation of Article 220 of the Islamic Penal Code adopted in 2013 in the light of the principle of transparency
Transparency of laws is under the principle of quality of law and is one of the types of transparency in the realm of criminal law. What we have dealt with in this article is the evaluation of Article 220 of the Islamic Penal Code adopted in 2013 in the light of the principle of transparency. The main question is what is the place of transparency in Iran's criminal legislation in terms of the passage of articles such as Article 220? It is assumed that transparency in the enactment of laws is not the concern of our country's legislature. Therefore, our criminal laws are full of vague and non-transparent laws, and this is due to the fact that the "principle of quality of law" is unknown. Passing a law in any capacity is not a legislative mission, but a legislative mission to make and pass laws based on the principles of legislation and legislation, one of the most important of which is the "principle of transparency." Today, the principle of legality alone can not be enough, but a law can restrict the freedom and preservation of social order that is set and enacted in a transparent and unambiguous manner. In this article, we have shown how Article 220 of the Islamic Penal Code is in conflict with the principle of transparency and its principles and the principle of quality of the law, and its revision is an inevitable necessity.
- 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.