Jurisprudential Challenges of Penalization the Repeated Crime in the Islamic Penal Code of 2014

فقه و اصول (Fiqh va uṣūl)

Article 4, Volume 54, Issue 1 - Serial Number 128, May 2022, Pages 65-84   

Document Type: Research Article

DOI: 10.22067/jfu.v54i2.88379

Authors

Mohammad Hasan Hasani^* ; Sayyed Mahmoud Majidi

Assistant Professor, Damghan University

Abstract

There is no doubt about the very recognition of repeated crime institute as a general cause of aggravating the punishment in in the Islamic Penal Code of 2014 and its origination from Islamic jurisprudence; however, it is doubtful whether the aggravating penalizing of this institute is in line with its corresponding jurisprudential texts. The existence of jurisprudential dispute over the determination of the death penalty, dubiety concerning the homogeneity of Hudud and instances of non-codified Hudud, ambiguity regarding the effects of variables of repentance, withdrawing the confession and the territorial scope of the levels of repetition of Haddi crimes, dubiety concerning the legitimacy of the aggravated punishment overtaking the Hadd constitute the jurisprudential challenges in this respect. The purpose of this research is restudying the jurisprudential views and arguments related to the above said challenging topics which has been performed through a descriptive-analytical method and led to presenting necessary conclusions and recommendations to the Iranian criminal legislator in order to adopt an explicit and conscious approach. The necessity of the legal abolition of the death penalty and adoption of the policy of executing the Haddi punishment in addition to the aggravated Taaziri punishment,  regardless of the  homogeneity of crime in the repetition of Haddi crimes, is the most important hypothesis of this paper.

Keywords

Repetition of Crime; Repetition of Hadd; Aggravation of Crime; Aggravated Penalization

References