نوع مقاله : پژوهشی
نویسنده
گروه حقوق، دانشکده علوم انسانی دانشگاه ازاد تهران شمال تهران ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
One of the most important legal developments, which has become a source of legal dispute and controversy, due to the appearance of Sharia prescribed punishments in the Islamic Penal Code approved in 1392, is the concept, examples and effects of this type of punishment, which is based on the similarity of prescribed punishment with the limit and the concern of non-applicability. According to the approach of the legislator, in line with the evolution of the concept and scope of Ta'azir, since 2013 and according to the note two of Article 115 of the Islamic Penal Code, the legislator tried to present a new separation of Ta'azir into two types of Sharia-mandated and non-mandated punishments. Significant legal effects such as the rule of prohibiting retrials, granting judicial immunity in minor crimes, issuing orders to postpone the issuance of sentences, suspending the execution of punishment, reducing the punishment of children and adolescents to at least half if there are mitigating factors and the expiration of the prosecution time, giving up on the Shariah punishments. has been This is while the concept and examples of Ta’azir prescribed by Shari'ah are still the subject of controversy and the above-mentioned separation has led to the abrogation of the law. In this article, in order to examine the mentioned issue, while presenting the concept and scope of Ta'zir according to Shari'ah, the examples and effects of this legislator's approach in the evolution of Ta'zir are analyzed and analyzed, and suggestions are made in order to solve it.
Keywords:
کلیدواژهها [English]
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