نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیات علمی پژوهشگاه فرهنگ و اندیشه اسلامی
2 دانش پژوه سطح سه حوزه علمیه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Respect for the deceased and the prohibition of any form of violation of the corpse are among the definitive principles of Islamic jurisprudence and Iranian criminal law. Nevertheless, a question that has rarely been examined independently concerns the status of a decomposed corpse. Can the violation of decomposed remains also be considered a crime against the deceased, thereby imposing criminal liability on the perpetrator? The present study, employing a descriptive-analytical method and based on library research, analyzes this issue and examines its various dimensions from the perspective of jurisprudence and law. The research findings indicate that there is no difference between an intact corpse and a decomposed one in terms of applying the notion of a crime against the deceased. Respect for the deceased is not limited to the period when the body is intact; rather, their remains even in the case of decomposition and the survival of bones are still subject to this sanctity. Therefore, wherever a material act is committed against such a corpse, such as breaking bones, the designation of a crime against the deceased applies and entails criminal liability. Accordingly, it is proposed that Article 722 be amended to explicitly include the decomposed corpse. This amendment would both resolve the legal ambiguity and ensure greater conformity with jurisprudential principles and the tenets of criminal law.
کلیدواژهها [English]
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