عنوان مقاله [English]
to whipping. The crime of leadership can be seen as the beginning of the sexual crimes of adultery and lasciviousness in the society; Because by introducing the perpetrators to each other, the pimps help in removing the obstacles of crime and making the path of adultery and adultery easier for the realization of sexual crime in the society. Although the monopoly of the punishment of lashing in the first instance of peddling comes from a jurisprudential point of view, it seems that the said punishment is not enough for the crime of peddling and does not have the necessary deterrent to avoid the crime of peddling in the society. By studying jurisprudential sources, one can find many Imami jurisprudences citing the evidence of narration; The penalty of exile is considered necessary for pickpockets in the first place. The current research is based on the descriptive-analytical method, by proposing conflicting jurisprudential opinions and taking into account the principle of proportionality of crime and punishment, while maintaining the merits in the circle of border crimes, it criticizes Article 243 of the Islamic Criminal Code and proposes to transfer the punishment of exile to The first order of hawkers; to suggest the amendment of the said article.