Islamic Law

Islamic Law

Appropriate or mandatory prosecution of security crimes in the Islamic criminal system; comparative study; The feasibility of changing the approach

Document Type : Original Article

Authors
1 PhD student in criminal law and criminology, responsible author, department of criminal law and criminology, Yazd branch, Islamic Azad University, Yazd, Iran
2 Faculty member, Associate Professor, Department of Islamic Philosophy and Theology, University of Qom, Qom, Iran
3 Faculty member, Assistant Professor, Department of Criminal Law and Criminology, West Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract
There are two approaches of "mandatory or appropriateness" to prosecution and punishment. While the United States and the United Kingdom have the least benefit from the necessity of prosecuting security crimes; France has taken into account mandatory prosecution in criminal matters and appropriateness in misdemeanors with an intermediate situation. The current study, with descriptive and analytical methods, tries to explain the integrated approach of Islamic law to the central role of the "principle of expediency" in the issuing of sentences and the targeting of "security criminal reformation". However, in Iranian laws, security crimes are usually the first option to be exempted from arafaqi rulings; However, the government decree dated 11/16/1401 amnesty and reduced the wide punishment of the accused and security convicts issued by the Supreme Leader (Madazla-ul-Ali) following the unrest of 1401 and the decree of general amnesty of Imam Khomeini (RA) on the eve of 1359 can be a confirmation of the possibility Review and change the approach of normal criminal laws in this field. The proposal of introducing explicit and separate criteria, such as consideration of positive records and background of people or maximum attraction - especially about accidental and emotional criminals in light security crimes - can be an optimal model for revising and reforming populist criminal approaches and changing towards the usefulness of punishments.
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