Investigating the conflicts between handling ta'zir crimes in the courts and the ta'zir organization

Document Type : Original Article

Authors

1 PhD Student, Department of Criminal Law and Criminology, Lahijan Branch, Islamic Azad University, Lahijan, Iran

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran

10.30510/psi.2022.345270.3539

Abstract

Ta'zir crimes in Iranian law are crimes punishable by ta'zir, which are defined according to Article 18 of the Islamic Penal Code. However, some of these crimes are more prevalent in society and their social and economic aspects cause that in addition to the courts, the State Penitentiary Organization sometimes deals with them in all stages of crime detection until the trial and sentencing and execution of sentences. Get involved in these crimes. This creates the ground for some conflicts in the duties and proceedings of the relevant cases, as far as it is necessary to confront the legal materials and also to clarify some ambiguities that the basis for entering the case by the courts and How and on what basis is the organization of government penitentiaries? The present article deals with this issue with a descriptive-analytical approach. The results of the discussion show that the legislator separates these two areas by creating clear boundaries in many cases, but specifying the details is based on secondary factors and characteristics that we will try to examine in this paper. Identify. Non-inclusion of criminal record, definitiveness of ta'zir and specialization of the economic aspect in such crimes are the main features of the approach of the ta'zir organization, which is often different from the approach of the courts.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 4931-4947

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