Criticism on note one of Article 508 I.P.C In light of the Transparency of Law Principle

Document Type : Original Article

Authors

1 Author in charge: Assistant Professor, Department of Jurisprudence and law, Shahrekord University

2 PhD student of Jurisprudence and Usul al-Zahra University

Abstract

Legislation as a specialized knowledge requires special attention of the legislator to follow the principles and rules, if they are not followed, the text of the law will suffer from various problems and ambiguity. One of the most important of these principles is compliance with the Transparency of Law Principle, which itself includes three components: lack of obfuscation, lack of ambiguity, and lack of doubt. By carefully and reflecting on the note of Article (508) of Q.A. as well as the basis of its legislation, it can be seen that this provision is in conflict with the principle of transparency in many ways. In addition to the inconsistency between Article (508) and its note one, the most important aspects that have caused the distortion of this provision are related to the limitations of "owner's knowledge and notification", "current or previous permission" and "how and examples of citation of the crime to the owner". These problems and challenges make it necessary to revise and amend the aforementioned regulation. In this regard, in this article, by using library sources and with a descriptive and analytical approach, an attempt has been made to scrutinize and reflect on the note of the mentioned article and finally to provide suggestions for its amendment.

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