نوع مقاله : مقاله پژوهشی
1 دکترا، دانشکده علوم انسانی و حقوق، دانشگاه آزاد اسلامی(خوارسگان)، اصفهان، ایران
2 دانشیار، دانشکده علوم انسانی و حقوق، دانشگاه آزاد اسلامی، اصفهان، ایران
عنوان مقاله [English]
Repentance has entered for the first time in the form of a systematic rule in Iran's criminal law, beyond a religious, jurisprudential and ethical doctrine. It is considered as an institutional institution of the Islamic Penal Code. The newly introduced lawmaking principle in the voluntary return of the perpetrator to reform Self-promotion and correctional justice, rather than punitive justice, is worthy of this Qur'anic doctrine. The study of jurisprudential principles and views about this value institution and the position of Iran's penal policy after many years have been determined about the effect of repentance on all treaties that have the highest share of crimes. The legislator accepts,the three separate systems according to the type and degree of the crimes, and the effect of repentance in the fall or reduction of punishment depends on the degree of punishment imposed on the severity and weakness of the punishment And has given the Shari'a or non-conformance of Ta'zīr.The study of the status of the eight articles in the law about this value institution to address some of the ambiguities, such as the extent of the impact of the fall of punishment and the expression of defects and pathology,is the necessity of this article.