نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Retribution and ransom is one of the important punishments of criminal law, which has always been the subject of debate and controversy. The purpose of this article is to examine the question of what innovation has criminal policy, based on the perspective of jurisprudence, in crimes requiring retribution and ransom? This article is descriptive and analytical and has investigated the mentioned subject by using the library method. The findings showed that the provisions governing self-retribution in the Islamic Penal Code approved in 2013 have seen favorable and essential changes and developments, the legislator in the Islamic Penal Code Approved in 2012, its goal is to support the victim, to ensure public order and security, and to implement justice as best as possible, and in order to achieve these goals, rational and logical rules in cases that are far from the point of view of famous jurists. In the Islamic Penal Code approved in 2012, with a correct understanding of the possibility of abuse by some criminals, the legislator has abandoned the rule of the necessary agreement between the killer and the victim in order to convert qisas into diya, which is accepted by the majority of the victim - it has provided the possibility of the right of the victim as best as possible, even in the case of the death of the accused. And on the other hand, by realizing this approach of the victim, he has developed the cases of paying money from Bayt al-mal.
کلیدواژهها English