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:: Volume 8, Issue 28 (7-2020) ::
3 2020, 8(28): 39-55 العودة إلى قائمة الأعداد السابقة
The Underlying Principles of Punishment in Crimes Against Security
Abstract:   (553 Views)
Maintaining security is one of the important goals of all political systems in the world. Actions that undermine the security of society and, more broadly, the security of the government are criminalized in all legal systems. Although all crimes harm security in some way, crimes against security are directly related to concepts such as national security and public welfare. In Iran, a limited number of these crimes are mentioned in the section hudud[1], and most of the cases are mentioned in the section ta’zirat[2] in the first chapter of the Islamic Penal Code. The present study aims at finding the answer to the questions that what the principles of punishment in these crimes are, and which of these principles are used in the field of crimes against security. In this regard, four models of ‘severity and certainty’, ‘severity and uncertainty’, ‘leniency [lack of severity] and certainty’, and ‘leniency and uncertainty’ are proposed by law theorists, each of which is discussed and explained.
 
[1]. (Plural of Hadd), it is an Arabic word meaning "borders, boundaries, limits”. In the religion of Islam, it refers to punishments that under Islamic law (sharia) are mandated and fixed by God; the punishments for the hadd offenses are fixed by the Qur'an or Hadith (i.e. "defined by God").
[2](Plural of Ta’zir), In Islamic Law, it refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state; ta’zir refers to punishments applied to the offenses for which no punishment is specified in the Qur'an or the Hadith.  
Keywords: Principles, assignment of punishment, security, punishment, severity, certainty
Full-Text [PDF 236 kb]   (مرة تنزيل)    
Type of Study: Research | موضوع البحث: Political Fiqh & Public Law
Received: 2021/04/13 | Accepted: 2021/04/13 | Published: 2021/04/13
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The Underlying Principles of Punishment in Crimes Against Security. 3. 2020; 8 (28) :39-55
URL: http://2.188.15.35/article-1-287-en.html


Volume 8, Issue 28 (7-2020) العودة إلى قائمة الأعداد السابقة
فصلنامه دین و قانون Quarterly Journal Religion and Law
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