عنوان مقاله [English]
When we accept dar` rule, we will face with two agreeable and disagreeable viewpoints to it, and some scholars are opposed to extension of the rule to the Ta`zir and Qesas crimes. Among the existing jurisprudential opinions, the legislator underlies its acceptance theory and its extension to ta`zir and qesas which seems not to be applicable to the Ta`zirat or, at least, to the reasonable ones because of specifications of the mentioned rule and its basic difference with the innocence principle.
The rule itself and its requisites are acceptable in the limits of some crimes, but the legislator`s inattention to these requisites makes some of dominant principles in the criminal law practically ignored, and causes the offenders to abuse them.
This paper discusses the legislator`s attitude towards the rule and its negative requisites with due attention to the jurisprudential opinions regarding the issue, meanwhileavoids the exiting debates on the legitimacy and inclusion scope of the rule.