نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشگاه زابل
2 دانشیار دانشگاه علامه طباطبائی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the remarkable institutions of Islamic criminal jurisprudence, which causes the active presence of the accused and the criminal, in the field of determining the judicial fate and eliminating criminal proceedings, is repentance, which is systematically reflected in the Islamic Penal Code of 2012. However, using the maximum capacity of repentance requires an institution called "Estaba" (official offer of repentance to the accused or criminal), which has been used in the criminal policy of Imam Ali (a.s.) in various crimes. Based on the results of this article, Istaba as a sovereign task is based on anthropological, political and social, moral and criminalistic elements and has various functions such as decriminalization, guidance, correction, dignity-oriented and psychological. In addition to this, in the criminal policy of Imam Ali (a.s.) it has been implemented in financial, ideological and non-victim crimes, but it is possible to extend it to all crimes in which repentance is prescribed and also as one of the conditions for the criminal to benefit from reconciliation institutions. There are criminal and post-criminal protections.
کلیدواژهها [English]
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