Preventing the Confession of Crimes against Chastity in Iranian Jurisprudence and Law in the Light of Criminological Theories

Ghodsi, Seyed Ebrahim; Ghadami Azizabad, Mosayeb

doi:10.22034/jccj.2021.148199

Preventing the Confession of Crimes against Chastity in Iranian Jurisprudence and Law in the Light of Criminological Theories

Document Type : Original Article

Authors

Seyed Ebrahim Ghodsi ¹

Mosayeb Ghadami Azizabad ²

¹ Associate Professor, Department of Criminal Law & Criminology, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.

² PhD Student, Department of Criminal Law & Criminology, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.

10.22034/jccj.2021.148199

Abstract

Confession is one of the proofs of crimes. Since the confessor expresses news to his detriment, in Islamic jurisprudence and also in Iranian law, he has a special place in proving crimes. It is accepted in both Iranian law and Islamic jurisprudence, but because of the effects of proving these crimes in terms of the type and amount of punishment, which sometimes leads to death, as well as in terms of reducing the social status of the offender and sometimes the victim (in cases where the judge tries to prevent such a person from confessing to such crimes, which is undoubtedly in line with the offense that is approved by Islamic jurisprudence and in order to prevent labeling. In 2012, in Note 1 of Article 102 of the Code of Criminal Procedure, in line with the aforementioned policies, the Criminal Legislator obliged the judge to advice in order to cover up the crime and not to confess to the accused who initially intends to confess if he has no plaintiff. An important issue that has been addressed in this article is the limitation of the practice of preventing confession in crimes against chastity.

Keywords

Confession

Crimes against Chastity

Jurisprudence

Law

Criminological Theories

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