Review of the Article 220 of Islamic Penal Code Act of 2013 (limits which were not mentioned in law)

Alli Zalaghi

Abstract


One of the most important principles and infrastructure of criminal law is principle of legality of crimes and punishments that Iran legislator has accepted this principle in act 2 of Islamic penal code and also in principle 36 of constituents. But the adoption of the Penal Code enacted in 2013 in the context of the legislative material, is in stark contrast with the principle. In act 220 limits sentence is not mentioned and has extended the law to article 167 of constituents ,according which the judge is obliged to find the sentence of the case from legal issues in any way and do not refuse pronouncement with the excuse of briefness and/or silence of the law. This issue will damage the foundations of society trust and judiciary; because people should know their tasks in front of the rule. In this study which is done by a descriptive-analytical methodology  and by library data collection , we try to recognize the non-mentioned limits in law by examining the principle of legality of the crime and punishments , as well as Article 167 of the constitution. Finally, the quantitative proposals will be expressed so that juridical and judges can issue an appropriate sentence and prevent chaos in sentences. 


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