نوع مقاله : مقاله پژوهشی
گروه حقوق، دانشکده علوم انسانی، دانشگاه آزاد اسلامی، واحد قائمشهر، قائمشهر، ایران.
عنوان مقاله [English]
Islamic Penal Code approved in 2013 by the Judicial and Legal Commission of the Islamic Consultative Assembly in the Subsection 2 of Articles 115 produced the Special and New Types of Ta'zirat as Religious Ta'zirat and also announced Legal Certain ta'zir in Article 135 without mentioning the definition or example of them before and after. Again in the Criminal Procedure Law adopted on 24/02/2014, the Judicial and Legal Commission of the Islamic Consultative Assembly in the last part of Section 2 of Articles 14 has mentioned the religious ta'zirat, without any definition or example of it. On this basis, we are faced with a new division of crimes that there is no precedent in Iranian legislation, especially after the Islamic Revolution, and due to the principle of legality of criminal law, the provisions are practically pending and will not be able to be implemented. Comparing it with the Hodud and their differences with each other and the views of jurists about the religious ta'zirat is examined in this article.