The Comparison of the Legal Decision of the Death and Escape of Murderer and the Method of the Payment of Diya (Mulct) in the Former and Present Islamic Penal Code of Iran

Document Type : Original Article

Authors

1 (Associate professor at University of Mazandaran)

2 (A PhD student of Criminal Law & Criminology)

Abstract

The authors of the present note have examined the issue of the death and escape of murderer which has been determined in Article 260 of the former Islamic Penal Code of Iran and Article 435 of the present Islamic Penal Code of Iran and conditions and possible assumptions related to this subject and after mentioning its jurisprudential record, they have studied the following subjects: The concept of the murderer’s escape and similar and comparative concepts with it (like suicide of the murderer); the differences legal decisions with respect to killing; necessity of occurring the inaccessible condition (stipulation) to the escaped murderer (a fugitive); identifying the responsible for the payment of diya (punitive compensation) and its mechanism; compatibility of the mentioned verdict in this Article to the crimes except murder.
 

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