نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق کیفری و جرم شناسی، دانشکده علوم انسانی دانشگاه شاهد، ایران، تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the Iranian and Afghan criminal law, Ghazf as one of the examples of the crime of slander, because of having a religious color, although they have similarities; but, the existence of some differences makes their comparison with each other interesting. These differences are evident not only in the constituent elements of Ghazf, but also in penalization. One of the most important of these differences is that Ghazf in Iranian law is the wrongful attribution of "adultery or buggery" to another, while, in Afghan law, what is attributed should be "adultery or negation of lineage". In Iranian law, not only Ghazf, but also Maghzoof are eligible for many conditions, such as being sane, mature, Muslim, and certain, but in Afghan law, the conditions related to the offender and the victim are few and insignificant. In terms of penalization, the differences are obvious; For example, in Iranian law, in addition to the main punishment, supplementary and consequential punishments can also be applied to the Ghazef, while in Afghan law, what is imposed on Ghazef is only the main punishment. For this reason, this article, relying on the descriptive-analytical method, has tried to analyze the position of the crime of Ghazf in the Iranian and Afghan criminal law and to address their similarities and differences from a comparative point of view.
کلیدواژهها [English]
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