نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی مقطع دکترای حقوق جزا و جرم شناسی دانشگاه گیلان
2 استادیار، عضو هیات علمی گروه حقوق دانشگاه ملایر
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the most important divisions of crimes from the point of view of the material element is the division into continuous and instantaneous crime. It is said about continuous crime that it repeats itself moment by moment with all its elements, and no end point can be imagined for it except the interruption of continuity; Unaware of the fact that this belief is in favor of the accused in criminal law, contrary to the principle of interpretation, and in Imamiyyah jurisprudence, it limits the wide channel and foundation of the principle of acquittal. In Imamiyyah jurisprudence, there is no statement about continuous crime, but the acceptance of this type of crime and the establishment of restrictive effects for the accused are in conflict with some solid principles of jurisprudence. By reflecting on the manifestations that great jurists have presented of punishable crimes, prescribed by Sharia, limits, retribution, and crimes requiring money, it becomes clear that none of them refers to behavior that continues over time and is intended to be realized until the criminal behavior ceases. have not had The current research, with descriptive-analytical method, will criticize the continuity of continuous crime and consequently, the inclusion of the subsequent law with a more severe punishment than the mentioned crime in the light of Article 10 of the Islamic Penal Code, the principle of interpretation in favor of the accused and Imami jurisprudence, until there is no continuous crime. and prove its opposition to the principle of innocence. In this regard, it is necessary to scrutinize the nature of the continuous crime as one of the rare cases of violation of the accused's rights.
کلیدواژهها [English]
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