نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه مسائل فقهی و حقوقی پژوهشگاه علوم و فرهنگ اسلامی، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In transnational documents, the application of extrajudicial punishments is prohibited. However, in jurisprudence texts and laws based on jurisprudence, evidences can be found on the issuing of such punishments, which can be criticized both for the first ruling and for the second ruling. Considering the inadequacy of the evidence prescribing extra-judicial punishments, the principle of the necessity of caution in protecting human life , the principle of the absence of jurisdiction in the execution of punishment, the impossibility of citing a single news in important criminal matters and rules of this kind, it seems that extra-judicial punishments cannot be considered as the first sentence in line with the ruling of jurisprudence and criminal law. By referring to jurisprudence texts, this article discusses these kinds of punishments according to the first sentence and based on the rules of criminal law and jurisprudence foundations and reaches the conclusion that such punishments have no place in jurisprudence and the laws in line with jurisprudence need to be amended or at least the current ambiguity should be eradicated .
کلیدواژهها [English]
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