جستجوی مقالات مرتبط با کلیدواژه "تبدیل مجازات" در نشریات گروه "فقه و حقوق"

Regarding that retaliation (qisas) is one of the reactions and punishments which Islam has considered as a sanction for the right to life, so it requires many research topics. One of these topics is substitution and replacement of this punishment. According to the above mentioned, and also considering that retaliation (qisas) is affected the society, it is very necessary to regard this fact in order to secure relief sought of avengers of blood. In this article we face with these basic questions which are as follow: which kinds of authorities does the owner of the right to retaliation (qisas) have? Whether he or she can make any decision about it under the title of substitution, or the punishment of retaliation (qisas) has relevance and except in appointed cases, there isn’t the possibility of its substitution even with consent of the parties?    Assuming the acceptance of substitution of retaliation (gisas) punishment, relying on the institution of substitution in discretionary punishments, we can say that in order to substitute the retaliation (qisas) to other punishments, lighter punishments should be applied. In this article, especially we point at the case that based on it, the execution of retaliation (qisas) is impossible and we come to this conclusion that, the substitution of retaliation (qisas) to other applicabilities of punishments the same as blood money, whether it be according to the opinion of competent authority or it be in accord with and based on mutual consent with murderer, has different forms.

The short term imprisonments have been eliminated from the sentence system of many countries.It is said that since the objectives of sentences have not been met, the short term imprisonments have been eliminated.Many of Lawyers argue that lack of adequate opportunity for recognizing the personality of criminal (observation) and subsequently Lack of enough time for reform and resocializing the criminal, are main reasons for useless of such sentences.The legislator in our country has taken significant step in Line with the elimination of short term imprisonments by adopting the article 3 of the act for reception of some state incomes and their consumptions in specified cases.Some of our Lawyers believe that basically and generally by adoption of this article beyond its precedent, the short term imprisonments have been eliminated from the sentence system of our country. Some of them also believe that the said article 3, could not totally eliminate the short term imprisonments and only executing short term imprisonments have been prohibited in the specified cases by such article.