نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق دانشگاه حکیم سبزواری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Akhaf in the word means lighter and in the literature of criminal law it means lighter punishment. The rule of thumb regarding punishments that are of a different nature; Like whipping and imprisonment or imprisonment and fine, which of these types of punishments is considered mild to be implemented in the case of the convicted, is a challenge and a point of disagreement. In order to solve the above challenge, the application of two personal or kind criteria is provided by the doctrine of law. Considering the importance of the problem of the present research, with the tools of library-document collection and the descriptive-analytical method and the level of content analysis, it seeks to answer the question, what is the jurisprudential and legal documentation of using a personal criterion in the discovery of filth? The findings of the research indicate that the personal criterion is closer to criminal justice and does not conflict with public order. The solution of the personal standard, especially in cases where the proof of the crime is confession, has significant narrative and jurisprudential support. A personal standard in determining the punishment of a minor is permissible and legitimate, and it may be ruled that it is mandatory to observe this standard according to the requirement of caution and maintaining the temperature of Muslims, the principle of mitigation and tolerance, and the principle of non-injury.
کلیدواژهها [English]
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