if the precise implementation of the principle of proportion and:balance between the violation and the penalty as well as the other dimensions could be considered as a stick yard for the imptementation of justice any lack of preciseness in carrying out such principle would not indeed be much too far from injustice . naturally ,if it would be imagined that the objective of balance between...

  As a legal point of view, article (728) of Islamic Penal Code has a special position in the Tazirat Act. This article rules the whole Tazirat as a principle. After a proper understanding about this article, a new theory will govern the "Penalty" principle in Iran penal system, which is the theory of "expediency- tendency" in Tazirat. According to this theory, the legislative has precisely pro...

Warlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psychologically and medically able to bear the punishment, so it remains to be seen whether, given the importance and severity of these ...

Since the beginning of the Imamia school of thought, Imamia scholars paid a great attention to issue of physicians’ responsibility. With a long-lasting debate on this issue, in most cases they have confirmed physician’s responsibility in medical error. However, in terms of a skilled medical doctor who treats the patient with no medical error but harm occurs, there is no consensus. Some scholars...

In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of th...

Euthanasia is still a controversial issue worldwide. There are different and sometimes contradictory opinions about euthanasia and its practice.  By exchange of ideas and opinions about this issue, some countries have explicitly accepted euthanasia and it has been legalized. Whereas, some other countries distinctly rejected euthanasia and in result it has been criminalized. Among countries ther...

this study investigated the functions, types and frequencies of code switching in the teachers and students discourse in elt classrooms. to this end, the participants of this study including two groups of teachers and students were selected. the first group of participants were two efl teachers teaching general english courses (at two different levels of proficiency) in an institutional program...

The Islamic Penal Code adopted in 2013 on the issue of the kefa’at (sufficiency of reasons) of murderer and the murdered in religion has undergone some changes in comparison to the Islamic Penal Code of 2001. The legislator's approach in the new law is to remove the ambiguities of the former one about the issue in question and, therefore, in Articles 301, 310 and 311 of the new law, many of the...