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

The crime of escape of prisoners is found in the seventh chapter of the Penal Code of Tazeerat. In the Islamic Penal Code, Iran's criminal law has dedicated a separate topic to this topic and has considered a specific punishment for each crime, which seems to be insufficient and has legal ambiguities in some cases, in terms of the psychological element. Most of these crimes can be committed intentionally,but in some cases, the legislator has criminalized the unintentional behavior and criminal error of the perpetrator, such as Article 550 of the Penal Code of the Penal Code regarding the fault of the arresting officer that leads to the escape of an individual. that he should be arrested, Article 548 of the same law, which is about the fault of the guard and employee of the prisoner, which leads to the escape of the imprisoned or arrested person.According to the logic of Article 547 as explained above and the principle of legality of crime and punishment, the escape of a prisoner outside of the above three cases is not a crime, and since the accused is sent to the prosecutor's office, court or hospital and his escape from these places, it is one of the three cases. It is not considered in Article 547.The crime that is the subject of this article is absolute from the point of view of the psychological element, and from the point of view of the material element, it is bound to be released from prison.

" Other insurance" clause frequently has been one of the controversy issues in insurance policies which relates to double insurance matters, but this clause clarifies to what amount insures should compensate losses and damages and refer to others. The property or liability under more than one coverage for the same risk which ate valid at the same time and same beneficiary shall not lead to which the assured benefit more than he has suffered. So, to share the amount of compensation between insurers is the matter here which determined by "other insurance" clause which each insurer to what amount should compensate and substantially is he liable for compensation or not?Interactions between other insurance clauses according to types of this clause such as pro-rata, excess and escape sometimes make conflicts with no compatibility. In this case it worth analyzing the exact words of clauses and the intention of parties. Furthermore, interaction between other insurance clause and indemnity make some confusion to determine priority. In some cases, courts held indemnity precedes to other insurance regardless to its wording and in some others, courts held the loss and damage should be compensated due to other insurance clauses.

The present article seeks to explain the various hypotheses in which the defender can stand against the attack and defend him or others, despite the possibility of escape, by using the descriptive-analytical method and using the resources of existing libraries, both internal and external. Reflecting on jurisprudential sources as well as the laws of other countries, it becomes clear that none of them had an absolute permissible or negative approach to the issue of the right to escape in legitimate defense and tried to impose the "principle" on the necessity of escape if possible, but each Depending on the location and time, and even the personality of the defender and the attacker, exceptions have been made. In addition, in any of the jurisprudential texts or foreign sources, the defender is obliged to flee when the conditions for a "safe escape" exist for him. It is worthwhile for the Iranian legislator, while reforming the legal status of self-defense, to specify the various assumptions and cases of the possibility of escape and to determine the legal ruling of each.

Adolescents who in the not too distant future will have to play various social roles and play the role of future parents of society. Although running away from home is itself a cause of many causes, but it can be used as a reason to commit further crimes. He spoke against himself and other members of society. In this descriptive study, an attempt has been made to answer the question that, firstly, "what are the most important causes of adolescents fleeing from home and what is the appropriate, effective and preventive criminal policy in the field of children fleeing?" Will the prevention of this phenomenon be effective? The findings of the study showed that unhealthy families are the main pillar of the realization of this phenomenon and it seems that the most appropriate preventive and controlling policy of this phenomenon is the adoption of growth-oriented preventive policy in the country. Children at risk and multidimensional support for them at different levels of individual, family, educational and community by a single guardian, can be effective in controlling, preventing and controlling this problem.

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 issue of right has been raised in most of the legal disciplines. in order to assess the accuracy or nullity of this juridical act, different measures such as auto nomy, (usefulness)have been proposed. The root of these criteria must be explored in the discourse of "right philosophy". therefore, itis necessary to deal with the philosophical foundations of a necessity. in this paper by reviewing the ideas proposed regarding the right of Islamic jurisprudence from one hand and the theories presented by philosophersand western jurists on the other hand, the criteria for the assessmentof right- right have been identified and compared. in Islamic juris prudence ,theasis sue has been subject to the question of the right and the verdict. The right to Islamic thinking is in the form of expediency, analysis and judgment .among theorists right in the west world, different theories have been suggested that two theory of will and profit have more popularity and fans .According to the theory of will, the right sovereignty over the subject of the right is the most fundamental attribute of a right.

Helping or causing the committer of a deliberate crime to escape has been criminalized in Islamic fiqh and the Islamic penal code, and following the existing shar’i nossous[1] a special punishment is assigned for it. In the present study, after reviewing and presenting a report on the deficiencies and inconsistencies in the materials of the law and the ambiguity in fiqhi texts, a particular point of view in fiqh has been defended and some suggestions for removing deficiencies and ambiguities have been made.

Death and escape of the person who has committed intentional crime are among the factors that make the right to qisas[1] impossible. In various cases of the impossibility of qisas, based on specific narratives or the rules and principles governing this issue, foqaha have given different fatwas regarding the indemnification for diya[2] by the perpetrator, al-’aqrab -fel-’aqrab[3] of the heirs, aqeleh[4] or bayt al-mal[5]. Likewise, the IPC in Article 435 has referred to the provisions of the issue, i.e., the impossibility of the execution of retaliation, according to the opinions of some foqaha. In this paper, after reviewing the provisions of this article, the fatwas of foqaha and their arguments, in some cases one of the arguments (reasoning-based ideas) has been given priority and in some other matters a new argument has been established. Finally, some suggestions for amending the law are presented.

The primary right of blood heirs in the murder is retaliation. but if there was permanent or temporary obstacles in implementation of this right there is disagreement between scholars about nature of their second right. some believe that religious reason require we can not determine compensation. but some believe that once there was obstacle in implementation of retaliation blood heirs can demand compensation. some scholars have an intermediate view that require neither full drop nor full confirmation of compensation. they say that criterion is fault murderer or lack of it in process of implementation of the punishment. Intellectual and religious foundation of this approaches show that the first approach is invalid.and we should accept consolidation of second and third approach.