Ray (Judicial Case Review)

Ray (Judicial Case Review)

Critic on Arguments Regarding the Crime of Demonstration and Displaying a Cold Weapon; in the Light of Case Law

Abstract
Considering the cases before the courts, it is sometimes observed that there is a disagreement regarding the crime of demonstration and displaying a cold weapon; There are two different approach in this regard. Some believe that the abovementioned crime can be committed only in cases where the main purpose of the perpetrator is not achieved after that, while some believe that the crime In Article 617 of Islamic Penal Code, has been determined in an absolute manner and no exception is stated by the legislator in this regard, therefore the success or failure of the perpetrator in committing subsequent acts will not affect his punishment for committing the previous act. Considering the cases mentioned in this article and regardless of the correctness of the argument of regarding both opinions, it seems that the legislator in the draft of Article 617 of the Islamic Penal Code approved in 1375, significantly preserved public order and security have been considered. Therefore, according to the provisions of the article and the absence of exceptions by the legislator, it is important to realize that the offense is committed as soon as the perpetrators commit the above acts and the success of the perpetrators in inflicting further injuries on the plaintiff, will not affect the punishment of the offender for committing his previous acts. Consequently it can be said the orders issued by prosecutor and court is also considered incorrect.
Keywords

Volume 10, Issue 34
Winter 2021
Pages 113-125

  • Receive Date 23 May 2021
  • Revise Date 20 June 2021
  • Accept Date 24 September 2021