نوع مقاله : مقاله ترویجی
موضوعات
عنوان مقاله English
نویسنده English
The present study, with the aim of investigating the legal loopholes in the implementation of financial punishments, first examined the innovations of the new law on the implementation of financial punishments, and then analyzed the legal loopholes with an emphasis on extortion, religious exceptions, escape from religion and Debtor's arrest has been criticized. After the investigations, it was found that the legislator in the law on the method of execution of financial convictions to explain the rules governing imprisonment and confiscation has become confused and did not comply with the legal order, which is caused by not determining a clear and correct method in determining the nature of imprisonment and It is debt. This weakness not only makes it difficult for the creditor to claim the right, It also encourages the defaulting debtor to continue his wrongdoing. Examining articles 3, 6, and 7 of the Islamic Republic of Iran shows the conflict between the nature accepted by the legislator in the case of extortion and the method of proving it. Regarding desertion, it can be stated that the main basis of punishment in the legislative system of the Islamic Republic In Iran, the rule is (Al-Tazeer Lakl al-Aam El Mahram) and the transaction with the intention of evading religion is also one of the crimes that are punishable according to this basis. Regarding the arrest of the debtor, it should be stated that the legislator in this law has acted in favor of the convict by considering more opportunities in order to arrest the convict, and in a way, by granting these deadlines, he is trying to ensure that the convict who It is doubtful that he should not be arrested. But after his arrest, by comparing the quality of his arrest with that of the perpetrators of criminal crimes, while avoiding the ill effects of these people's proximity to criminals (through their classification), he has become more strict in favor of creditors compared to the previous law.
کلیدواژهها English