نوع مقاله : نقد تخصصی
نویسنده
معاون دادستان مرکز استان مرکزی، دکتری تخصصی تاریخ و تئوری های حقوق و دولت. (نویسنده مسئول)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The rule of non-retention of criminal law has a special place in the legal system of the Islamic Republic of Iran as one of the indisputable principles of criminal law, to the extent that it is explicitly accepted in Article 169 of the Constitution. In this regard, the legislator in Article 10 of the Islamic Penal Code adopted in 1392, while explaining this rule, has stated its exceptions, including interpretation in favor of the accused in circumstances where the new law is more favorable in some ways, has committed a crime. And ordinary Iran, the Attorney General in order to interpret the resolution dated 26/11/98 by issuing directives that are contrary to the rule of interpretation in favor of the accused, instructed the judicial authorities in calculating the fine to execute the fines that their execution Before the new approval, the Cabinet of Ministers has started to calculate and calculate the date of approval of the said approval for each day of detention equal to four hundred thousand Rials and since its approval equal to one million Rials per day and night. This form of judicial-executive procedure in the case of fines that began before the approval of the Cabinet passed by stating the need to impose a deduction of four hundred thousand rials per day of detention is clearly contrary to the rule of interpretation in favor of the accused and contrary to the discourse of justice.
کلیدواژهها [English]
)