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

In criminal law of our country, the legislature has always considered in general laws and sometimes in some special laws, the necessity of severe criminal treatment of the elements of criminal groups including the organized and the unorganized ones. In this regard, Article 130 of the Islamic Penal Code (IPC), approved in 1392, intensified the punishment of the leader of organized criminal groups. Considering the legislative background of this article as well as the accuracy in special laws regarding the criminalization of the actions of the leaders of criminal groups, it seems that the legislature has sought to establish a unified legislative procedure concerning the punishment of the leaders of the organized criminal groups. However, reflection on specific laws in this area shows that the legislature has unreasonably neglected to impose penalties on the members of the organized criminal groups, as well as the leaders and members of the unorganized criminal groups. This is while creating unity of procedure in legislation should have required that the legislature in IPC adopted in 1392, in addition to determining the punishment for the leader of the organized criminal groups, should have determined the punishment for these individuals. The current study by exploring the legislative records of Article 130 of IPC adopted in 1392 and the special laws in the field of sentencing for the leaders and members of the organized and unorganized criminal groups, and by proving the need for unity of legislative procedure in this area, presents a proposal to determine separate punishments for each of the leaders and members of the organized and unorganized criminal groups.

Sometimes the harm inflicted on a person of not treating or not effecting it, Infection and spread to other parts or other organs, or the self-perpetrator, and may be, cause amputation or breathing. This in intentional crimes against retaliation before or after retribution. Altogether, it about Johnny, and he will die due to the transgression of retaliation, or the corruption of a member of my community, leading to his amputation or other members. The question is whether the spread of deliberate crimes with the inclining of unintentional crimes complies with a ruling, and whether in the two of them the principle is based on the interference of the organ in the memberor the member in the soul or the principle is that it does not interfere, or Should it be detailed in detail? Imams 'jurists' fatwa often is difernt. this article, while explaining the concept of contagion, the judgment examines various instances of it in terms of the opinions, and the views of Islamic law-makers, especially the legislator of 1392, do not apply to the inconsistency of intentional and unintentional crimes, except in cases where The resulting result and the damage or damage sustained by the citation relationship is confirmed.

Captaincy that causes commission of crime by designing, constituting, organizing or managing of criminal group is assistance in crime in respect of behavior. However in other hand it is aggravated factor because captain dose not commit a crime principally but he is convicted to maximum punishment of offence which member of group commit in direction of aim of group by according with s.130. In some cases that sentence of person aggravate on basis of special statutes by reason of leadership or forming a band, network or organizations could not impose punishment again by s.130. Legal persons can not become member or captain of group or captain, In spite of they may have criminal liability. In attention on minimum of group is three persons, time of captaincy of group is time of designing, constituting, organizing or managing of criminal group, no time of committing of crime even members of group deduces to less of three members.