نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد گروه حقوق کیفری و جرم شناسیِ دانشکده حقوق دانشگاه قم، ایران، قم
2 دانشجوی کارشناسی ارشد حقوق کیفری و جرم شناسیِ دانشکده حقوق دانشگاه قم، ایران، قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Moharebeh, as a crime against public security, is criminalized in Iranian criminal law under Article 279 of the Islamic Penal Code. From the Islamic jurisprudence perspective, Moharebeh, as one the Hodod (prescribed punishments), is derived from Verse 33 of Surah Al-Ma'idah. Counselling and procuring Moharebeh refers to Assistance and cooperation in revealing or drawing a weapon to make fear and terror in society، thereby causing harm to people. The question of counselling and procuring Moharebeh will encompass various forms of assistance and cooperation with the principal offender that is carried out with the intention of harming life, property, or honor, or intimidating the public. Therefore, counselling and procuring Moharebeh is an act committed with the intention of assisting someone who intends to harm the lives, property, or honor of the people, or to intimidate them by drawing a weapon in society. The actus reus of counselling and procuring Moharebeh can be inferred from the samples included in Article 126 of the Islamic Penal Code. The mens rea of counselling and procuring also includes knowledge and intent regarding the commission of the acts mentioned in this article. Given the derivative nature of the punishment for an accessory, as a general criterion, the main question in this research is whether this criterion is applicable to Hodod crimes, such as Moharebeh. The findings of this research reveal that in the Iranian criminal system، determining the derivative punishment for counselling and procuring Moharebeh in cases where the perpetrator is sentenced to crucifixion، banishment or amputation, is fraught with ambiguity, lack of legal provision, or legal deficiency.
کلیدواژهها [English]
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