Islamic state is obliged to establish security of the citizens and justice. Sometimes, some people suffer harms for which, for some reasons, the one who has caused such harms apparently cannot be expected to compensate harms. Is there any responsibility for the state in such cases?
Though, it is pre-assumed that there is no responsibility for public treasury, in the Punishment Code 1392/2013, however, in many cases it has been noted that blood-money should be paid from public treasury to the victims. Such cases may be classified under 4 titles:
- Crimes unintentionally committed by statesmen;
- Paying blood-money of the criminal or difference with her/his blood-money;
- Paying blood-money to the victim in addition to the criminal;
- Paying blood-money from public treasury on behalf of the criminal.
Each of these four cases has its own principles and faces its own challenges which, sometimes, makes for one difficult to understand the legislator’s policy.
Studying the above four cases and briefly mentioning their principles, the present article goes to explicate the present challenges and ambiguities in each case and, while, making suitable proposals, tries to improve the Code.