Mitigation of Incarceration in Islamic Penal Code of the Islamic Republic of Iran (2013)

Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī

关键词: Keywords: Interpretation;    Mitigation;    Decrease;    Substitution;    Context;    cotext;    Legislative intent of legislature;    Purpose of legislation;   

DOI  :  

来源: DOAJ

【 摘 要 】

Article 37 (A) of Islamic Penal Code of the Islamic Republic of Iran (2013) referes to "one or two degrees of decrease in incarceration ". The wording of the article makes two interpretations of the word "decrease" possible; according to the first interpretation, the word has a general meaning and contains both "reduction and substitution". The interpretation is based on three arguments, i.e. legislative intent, context (internal criminal co-text) and the rule of interpretation in favor of the accused. While criticizing the first interpretation, the present essay supports the second interpretation with reference to the semantic meaning, legislative history, purpose of legislation, and various contexts. According to the second interpretation, the word "decrease" in this article only means "reduction of the punishment"; hence, the substitution of another more proper punishment for incarceration will not be possible according to article 37 (A).

【 授权许可】

Unknown