Volume 1, Issue 1 (4-2021)
Abstract
PPrior to approving the Islamic Penal Code Act 2013, the concept of repentance was accepted to some extent in the context of provisions related to Hudud (fixed religious penalties). In the latest efforts to revise the Islamic Penal Code, the lawmakers dedicated some articles to repentance which stipulated specific rules on the framework and other detailed provisions on applying this concept. This initiative of the legislators can be challenged on the one hand through the criminological analysis of the subject, and on the other hand, in the context of its implementation within the framework of the Code of Criminal Procedure. Due to its ignorance of modern criminological theories, particularly on victimology, the deviation of attention from offender’s personality to the criminal act, and the impossibility of realization of all repentance conditions, it appears that approving legislative provisions on repentance in the Islamic Penal Code will result in a serious crisis. Therefore, in order to reach an effective criminal policy, it is necessary that all aspects of the concept be duly scrutinized. Taking into account the substantive and procedural limits surrounding this topic, the gap between the bases of repentance in the Islamic Penal Code with the recent developments in criminal policy and also the absence of practical approaches to materialize this concept, it seems that its implementation will face challenges, thereby making the criminal policy far away from being effective.
Saeid Madani Ghahfarokhi, Mohammad Ali Mohammadi Ghareghani,
Volume 26, Issue 1 (8-2019)
Abstract
During the struggle against the Qajar tyranny, struggling leaders went to the Shah Abdul Azim Shrine to hold a sit-in against the Shah Mosque Case and foot whipping of Tehran sugar merchants. The demonstrators in Paragraph 4 of their demands, as mentioned by Nazem al-Islam Kermani, the initial demands of refugees, called for the establishment of a justice system. According to this report, and many other evidences, justice, always has been a lasting and permanent matter for the Iranian society. Recent surveys show that justice should still be considered as one of the main demands of the Iranian society. The debate about justice and social movements is constantly changing, and thinkers in this area are constantly revising their ideas. The aim of this study is to elaborate these changes and to discuss the place of justice in new social movements that refers to a range of collective actions with purpose of changing in one or all of the institutions. The emergence of new social movements brought about new ways of expressing demands and protests, and a wide range of collective behavior forms, which, in terms of goals, nature and method of struggle, had a fundamental difference with earlier movements. In fact, with the advent of modernity, the calculations of traditional society were collapsed and, with the advent of postmodernity, new demands were created largely due to development of higher education and autonomy of individuals. Accordingly, new social movements emerged in a broader context of discourses, subcultures, ideological straggle, and identity diversity, and were spread in the form of new discourses.