نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In one categorization, offences in criminal law are divided into flagrant and non-flagrant ones. The procedural laws of Iran concerning flagrant offences have adopted quick legal procedures with minimal formalities. Substantive laws have also provided for aggravated punishment and specific criminalization concerning flagrant offences. This criminal institution has certain jurisprudential foundations. In Shiite jurisprudence, flagrant offences are referred to by expressions such as overtly committing a sinful act, open commission of sins, or public commission of sins. Numerous regulations also apply to those who have committed such offences, including their disqualification from receiving a share of Khums and Zakat, permission to disapprove of and dishonor them, extinction of their justice, and invalidation of their testimony. From a criminal procedure perspective, prompt and simplified action in dealing with these offences is emphasized. The essential characteristic of the jurisprudential approach is its substantive focus on social responses to the offence, manifested in severe and serious social reactions and deprivation of certain social rights. However, the common point in both jurisprudential and legal literature is the recognition of the institution of flagrant offences as an independent institution. In both approaches, flagrant offences, due to their open commission, are recognized as an independent institution with unique characteristics.
کلیدواژهها [English]
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