نوع مقاله : پژوهشی
نویسندگان
1 دانشیارگروه فقه ومبانی حقوق اسلامی/دانشکدگان فارابی دانشگاه تهران
2 عضوهیات علمی دانشگاه علوم ومعارف قرآن
3 عضوهیات علمی دانشکده رفاه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The basic principles and basic rules of Imami jurisprudence and criminal law require non-punishment before committing and realizing the legal, material and spiritual elements of the crime. Likewise, it is not possible to take preventive measures against the possible actions of individuals based on the principles and regulations defined and recognized. In the theory of criminal jurisprudence, the legal frameworks for eliminating the grounds of criminal actions and facing imminent dangers have been provided. Based on the research carried out in this regard, a theory has been proposed, which on the one hand criticizes the abstract theory that believes in abandoning any preventive measures, and on the other hand, the strict extreme theory. It challenges the necessity of confronting any weak possibility.Based on the selected point of view, in addition to the theoretical basis of the legitimacy of the background measures and the elimination of criminal preparations in the prosecution of criminals against individuals and property, conditions have been introduced that rely on them to justify the Shari'a and legal prevention of crimes related to the privacy of individuals and various social fields in the form of It is analyzed logically and scientifically.
کلیدواژهها [English]
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