Document Type : Review
Authors
1 Tehran university. Pardise farabi. Ghom.Tehran
2 Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, University of Tehran, Farabi Campus, Qom, Iran
Abstract
Silence, against escape of a prisoner or detainee, means that a person does not act against the escape despite knowing about the escape and with the intention of helping or otherwise.
Despite the legislator's attention to the causing to escape of a prisoner and its criminalization in articles 549 and 551 of the Islamic Penal Code (punishment section), the silence against the escape of a prisoner has been neglected.
This article, with analytical-critical method, based on the rule of "prohibition of assistance to sin", studies feasibility of doing aid by silence ;so States three juridical theories for the upcoming issue according to the conditionality or non-conditionality of the assistant's intention of the occurrence of the sin and the complete occurrence of the sin, on the realization of the assistance to sin. finally, considering the customary realization of the assistance to sin, the prohibition of the officer's silence is chosen, conditional on the realization of the prisoner's escape. Therefore, although the officer's intention of his silence isn't specified; However, considering the effect of the officer's silence in the escape in custom, according to the above rule, the prohibition is proved for the present issue, conditional on the escape of a prisoner.
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