نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشگاه تهران
2 عضو هیئت علمی مرکز پژوهشهای مجلس شورای اسلامی
3 دانشجوی دکتری حقوق جزا دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The rule of “altaazir is for religious taboos” , despite of disagreements about its limits, in the position of one of the most important basis of Criminalization in Iran criminal law in Criminalization of Attempt to Crime have been attentive by legislators. Despite of legislator’s attention to Attazir, article 42 of Islamic Penal Code (1370) that decriminalized Attempt to Crime and article 122 of Islamic Penal Code (1392) which criminalized Attempt to Crime raises the question that have legislators used the rule of “ataazir is for harmful acts” instead of the rule of “ataazir is for religious taboos” ?
Review of Ataazir Rule, which require to study in the rules of “moghadame haram” and “tajari”, implies Ataazir Rule has not revolutionized and “ataazir is for harmful acts” has been the base of Criminalization of Attempt to Crime in both Acts and despite of changes of approach in the new Act, only the attitude of legislators have changed to harmful and injurious acts, therefore evolution of “Ataazir Rule” in Criminalization of “Attempt to Crime” has been in instances not basis.
کلیدواژهها [English]
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