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Paper Information

Journal:   CRIMINAL LAW RESEARCH   SUMMER 2017 , Volume 5 , Number 19 ; Page(s) 9 To 40.
 
Paper: 

AN INQUIRY ABOUT CRIMES AGAINST INTERNAL ORGANS: CRITICAL READING INTO THE SPECIFIED ATONEMENT STATED

 
 
Author(s):  MAHMOUDIYAN ESFAHANI KAMRAN*, YOSEFZADEH ALI, SHIRZAD OMID
 
* 
 
Abstract: 

The sentence for the compensation on damaging and dissipation of internal organs in the Criminal Code of 1982 (laws for wergild/atonement) and 1991 (Islamic Penal Code) was not observed. However, the legal precedent set in this case followed the same approach as the atonement in non-fatal cases. The adoption of art.563 of the Islamic Penal Code in 2013, extended the principle of odd and even in cases of internal organs loss, and suddenly dispersed the aforementioned procedures. In this article, alongside the explanation and analyzing the fundamentals of jurisprudence and the legal precedent before and after the adoption of the mentioned article, we have come to the conclusion that from the view of the jurisprudence, based on clear evidence variety, the term implying traditions on the common internal and external organs is problematic. Hence, the Hadiths on the subject deal with external organs. Additionally, the current subject of the said article based on "fixed atonement" for the loss of internal organs is contrary to the theory of "reformed or nominal justice” of civil liability and is also opposed to the principle of proportionality in the criminal law.

 
Keyword(s): INTERNAL ORGANS, LOSS OF ORGAN, ARSH, THE RULE OF PAIRED AND SINGLE ORGANS, ART. ATONEMENT
 
 
References: 
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Citations: 
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APA: Copy

MAHMOUDIYAN ESFAHANI, K., & YOSEFZADEH, A., & SHIRZAD, O. (2017). AN INQUIRY ABOUT CRIMES AGAINST INTERNAL ORGANS: CRITICAL READING INTO THE SPECIFIED ATONEMENT STATED. CRIMINAL LAW RESEARCH, 5(19 ), 9-40. https://www.sid.ir/en/journal/ViewPaper.aspx?id=602924



Vancouver: Copy

MAHMOUDIYAN ESFAHANI KAMRAN, YOSEFZADEH ALI, SHIRZAD OMID. AN INQUIRY ABOUT CRIMES AGAINST INTERNAL ORGANS: CRITICAL READING INTO THE SPECIFIED ATONEMENT STATED. CRIMINAL LAW RESEARCH. 2017 [cited 2021June16];5(19 ):9-40. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=602924



IEEE: Copy

MAHMOUDIYAN ESFAHANI, K., YOSEFZADEH, A., SHIRZAD, O., 2017. AN INQUIRY ABOUT CRIMES AGAINST INTERNAL ORGANS: CRITICAL READING INTO THE SPECIFIED ATONEMENT STATED. CRIMINAL LAW RESEARCH, [online] 5(19 ), pp.9-40. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=602924.



 
 
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