Document Type : Original Article

Authors

• Atiyeh Vojdani Fakhr ¹
• Mohammad Reza Elahi Manesh ²

¹ PhD student in Criminal Law and Criminology, Azad University, North Tehran Branch,Iran

² Faculty member of Azad University, North Tehran Branch, Iran

Abstract

Background: Sometimes the involvement of several people in an operation leads to killing someone else. Anyone who can be charged with murder is a murderer, thus whenever the act of murder is documented to more than one person, a joint sentence can be issued between them. There are differences among the scholars about the retaliation permission of all partners; which is attempted to be illustrated in this article. The issue of complicity in murder is a problem related to retribution by which the courts in the country have received a majority of verdicts. The reason for this pluralism is the lack of issue recognition. It should be noted that retaliation is a ruling that relies on the individuals’ lives and dignity; therefore, it is essential to be careful in its implementation, and to know all its related matters. This investigation tries to identify all cases in which retribution is imposed on all participants. The ruling of Article 373 in the Islamic Penal Code, which stipulates the retribution of all partners in premeditated murder, is in terms of the verse “النفس بالنفس” and the caution principle for extravagance in murder, in terms of the punishment purpose as the non-interference of them in the punishment of killing a criminal who even commits numerous crimes and deserves several punishments is an issue of extravagance in murder. Materials and Methods: The proposed article is based on analytical-descriptive study of laws, jurisprudence, jurisprudential sources, legal books and articles as well as the other sources, their inference and conclusion. Findings: Not wasting in murder is an expression taken from verse 33 of Surah Al-Isra′ in which after stating the sanctity of killing someone and the right of the victim's guardian towards the murderer is prohibited from excessive murder. The verse appearance in terms of its previous phrase illustrates not to exaggerate in retaliation, however in terms of the term murder can also include cases where an individual deserves to be executed, so the extension of the death penalty such as the ropes use which cause taking a breather becomes extravagant in murder. Hence, being doubted this citation; we could not order the complicity in the murder. This research has been conducted by library method.

Keywords

• Extravagance
• Participation
• Deprivation of life
• Murder
• Imami jurisprudence
• Issue laws

Main Subjects

• Criminal Law and Criminology

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