The need to review the sentence of non-implementation of father's retribution in the intentional killing of a child through dynamic jurisprudence and reforming the Islamic Penal Code.

Document Type : Specialized article

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Abstract

Determining the guarantee of appropriate and measured execution for the perpetrators of intentional murder without retribution is one of the issues that the legislature has not had any special success in achieving. It should be known that the mere existence of punishment could not prevent the intentional killing of children by their fathers. Also, the removal of the penalty of money and tazeer in the recent criminal title in the Islamic Penal Code of 1392 AH as the legal minimum to deal with this crime shows the ineffectiveness of this law. According to the version of Article 220 of the Criminal Code 1370 (H.H.), which included the prescribed minimums in dealing with this crime, and the lack of this minimum amount in Article 301 of the Criminal Code 1392 (H.H.), in the opinion It turns out that the application of Article 612 of 1375 (H.H.) as the only guarantee of the current execution in dealing with deliberate murders that are not punished for any reason, because it cannot practically prevent the commission of such crimes, its amendment is inevitable. is.

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History

  • Receive Date: 01 January 2025
  • Accept Date: 01 January 2025
  • First Publish Date: 01 January 2025

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