نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Stoning is one of the punishments that has always been the subject of discussion and criticism, even though this punishment is documented from a jurisprudential point of view in the book, tradition and consensus among jurists. Based on this, the purpose of this article is the obstacles to the implementation of the punishment of stoning from the perspective of human rights rules and the approach of Iranian jurisprudence and criminal law. The findings indicate that the harshness of stoning, the opposition of stoning to the judgment of reason and human nature, the violation of the principle of fair trial, the non-observance of the principle of proportionality of crime and punishment are among the most important obstacles to the implementation of stoning punishment from the perspective of human rights. The fulfillment of the conditions for the execution of the punishment of stoning is so precise, rare and strict that it practically minimizes the possibility of its fulfillment. The conditions for the implementation of stoning are also such that it provides legitimate excuses for not fully implementing this sentence. In Article 222 of the 1392 Penal Code, the legislator has explicitly stated that adultery is stoning for, it will result in imprisonment and imprisonment for adultery, otherwise it will result in one hundred lashes for each. In the current society of Iran, with criticisms from human rights and civil activists, in the new punishment law of 2013, it is possible to convert this punishment into execution and flogging.
کلیدواژهها English