Volume 13, Issue 50 (Autumn 2019)
MLJ 2019, 13(50): 133-154 |
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Hajitabar Firozjaee H, Ghanbarpor B. Rules Governing Punishment Execution on Crime of Twin Ties in Iranian Law and Imamiyeh Jurisprudence. MLJ 2019; 13 (50) :133-154
URL: http://ijmedicallaw.ir/article-1-893-en.html
URL: http://ijmedicallaw.ir/article-1-893-en.html
Rules Governing Punishment Execution on Crime of Twin Ties in Iranian Law and Imamiyeh Jurisprudence
1- Department of Criminal Law and Criminology, Faculty of Humanities, Islamic Azad University, Ghaemshahr, Iran. (Corresponding author)
2- Department of Jurisprudence and Islamic Law, Faculty of Humanities, Islamic Azad University, Ghaemshahr, Iran
2- Department of Jurisprudence and Islamic Law, Faculty of Humanities, Islamic Azad University, Ghaemshahr, Iran
Abstract:
One of the challenging issues in the principles of jurisprudence and especially the rights of Iran, the question of the possibility or impossibility of carrying out the punishment on crimes committed by twin attached to this issue on two axes: the possibility or impossibility of separating them in terms of ordering the separation of the Clinging can be done.
The findings have shown that, firstly, the court can assume the possibility of separating them in the assumption of the possibility of separation and the lack of physical security, even if they are dissatisfied with them. Secondly, if alternative sentences are not possible for imposition of imprisonment, such as retaliation and the impossibility of separation, alternative punishment has not been foreseen. Third, there is no possibility of separation in the assumption that it is impossible to separate the twins from one another in the state of intervention, one of them in the crime and the impossibility of conversion or punishment alone. The third, and the probability of a great deal of infidelity in Qisas, is Diyah.
Please cite this article as: Hajitabar Firozjaee H, Ghanbarpor B. Rules Governing Punishment Execution on Crime of Twin Ties in Iranian Law and Imamiyeh Jurisprudence. Iran J Med Law 2019; 13(50): 133-154.
The findings have shown that, firstly, the court can assume the possibility of separating them in the assumption of the possibility of separation and the lack of physical security, even if they are dissatisfied with them. Secondly, if alternative sentences are not possible for imposition of imprisonment, such as retaliation and the impossibility of separation, alternative punishment has not been foreseen. Third, there is no possibility of separation in the assumption that it is impossible to separate the twins from one another in the state of intervention, one of them in the crime and the impossibility of conversion or punishment alone. The third, and the probability of a great deal of infidelity in Qisas, is Diyah.
Please cite this article as: Hajitabar Firozjaee H, Ghanbarpor B. Rules Governing Punishment Execution on Crime of Twin Ties in Iranian Law and Imamiyeh Jurisprudence. Iran J Med Law 2019; 13(50): 133-154.
Type of Study: Original Article |
Received: 2018/12/9 | Accepted: 2019/07/6
Received: 2018/12/9 | Accepted: 2019/07/6
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